Jajaw v State of NSW [2007] NSWSC 725

Procedural Posture

Civil Proceedings Including Claims for Malicious Prosecution, False Imprisonment, Assault, Trespass to Land and Misfeasance in Public Office / Notice of Motion Seeking Verified Answers to Specified Interrogatories

Legal Issues

1. 1 ['Whether the category 3 claims for assault and misfeasance in public office were claims for damages arising out of bodily injury, requiring special reasons for interrogatories under UCPR Part 22 rule 1(3).' 'Whether special reasons existed to justify interrogatories in the category 3 claims.' 'Whether interrogatories were necessary at the time they were sought for the claims for trespass, malicious prosecution and false imprisonment under UCPR Part 22 rule 1(4).']

Ratio Decidendi

The category 3 assault and misfeasance claims were claims for damages arising out of bodily injury, but the matters relied on did not constitute special reasons for interrogatories. For the claims not requiring special reasons, the requested interrogatories were not necessary for a fair trial because the plaintiff already had extensive material including the police brief, trial transcripts and exhibits, and the interrogatories concerned peripheral matters rather than the central factual dispute about what occurred at the premises or the essential elements of malicious prosecution.

Court Disposition

Motion for interrogatories refused with costs.

Orders

• ['Orders 3 and 4 of the Notice of Motion, dated 2 August 2006, are refused.' "The plaintiff is to pay the defendant's costs of the motion."]