New South Wales Crime Commission v Klinger [2010] NSWSC 575

The Updated Statement of Facts and Circumstances, incorporating the Interim Investigation Report, satisfies the Commission's obligations under rule 1.26 and need not be struck out.

Parties: Plaintiff/respondent: New South Wales Crime Commission; Second Defendant/applicant: George Ivor Palmer; Third Defendant: James Darroch Wallace
Jurisdiction: Australia
Judgment Date: 08 June 2010
Procedural Posture: Civil / Motion to Strike Out Updated Statement of Facts and Circumstances
Outcome: Motion dismissed with costs.
Legal Topics: Striking Out Pleadings, Compliance With Uniform Civil Procedure Rules, Criminal Assets Recovery Act

Practice and Procedure Striking Out Pleadings Compliance With Uniform Civil Procedure Rules Criminal Assets Recovery Act

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Parties

New South Wales Crime Commission

Plaintiff/respondent

George Ivor Palmer

Second Defendant/applicant

James Darroch Wallace

Third Defendant

Procedural Posture

Civil / Motion to Strike Out Updated Statement of Facts and Circumstances

Legal Issues

1 Whether the Updated Statement of Facts and Circumstances complies with rule 1.26 of the Uniform Civil Procedure Rules 2005
2 Whether facts relating to the second defendant should be struck out

Ratio Decidendi

The Updated Statement of Facts and Circumstances, incorporating the Interim Investigation Report, satisfies the Commission's obligations under rule 1.26 and need not be struck out.

Court Disposition

Motion dismissed with costs.

Orders

Motion dismissed with costs.