STATE OF NEW SOUTH WALES v ANTHONY HAMOD [2007] NSWCA 186

STATE OF NEW SOUTH WALES v ANTHONY HAMOD [2007] NSWCA 186

It was open to the primary judge to conclude the documents sought were relevant to the issue of malicious prosecution and should be discovered; the judge applied the correct principles and there were no grounds for appellate intervention in the interlocutory discovery order.

Parties
Appellant: State of New South Wales; Respondent: Anthony Hamod
Jurisdiction
Australia
Judgment Date
25 July 2007
Procedural Posture
Appeal / Interlocutory Appeal Decision
Outcome
summons dismissed with costs
Legal Topics
Discovery, Malicious Prosecution, Interlocutory Order
Civil Procedure Discovery Malicious Prosecution Interlocutory Order

Case Brief

Summary, issues, holding and outcome

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Parties

State of New South Wales

Appellant

Anthony Hamod

Respondent

Procedural Posture

Appeal / Interlocutory Appeal Decision

Legal Issues

  1. 1 Whether the discovery order related to documents relevant to the issue of malicious prosecution
  2. 2 Whether the interlocutory order for discovery was justified under UCPR 21.2(2)
  3. 3 Whether there was justification for appellate intervention in an interlocutory order concerning discovery

Ratio Decidendi

It was open to the primary judge to conclude the documents sought were relevant to the issue of malicious prosecution and should be discovered; the judge applied the correct principles and there were no grounds for appellate intervention in the interlocutory discovery order.

Court Disposition

summons dismissed with costs

Orders

  • Summons dismissed with costs.