Fregnan v Stanizzo; Stanizzo v Badarne; Stanizzo v State of New South Wales [2020] NSWSC 157

Fregnan v Stanizzo; Stanizzo v Badarne; Stanizzo v State of New South Wales [2020] NSWSC 157

The application to rely upon further submissions is refused because the submissions contain references to disputed matters of fact which would be oppressive to raise at this late stage; previous submissions from all parties were comprehensive.

Jurisdiction
Australia
Judgment Date
28 February 2020
Procedural Posture
Civil / Application to Rely on Further Submissions
Outcome
Application refused; costs awarded against Mr Stanizzo.
Legal Topics
['application to Rely on Further Submissions' 'malicious Prosecution' 'reasonable and Probable Cause' 'malice']
['civil Procedure'] ['application to Rely on Further Submissions' 'malicious Prosecution' 'reasonable and Probable Cause' 'malice']

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Procedural Posture

Civil / Application to Rely on Further Submissions

Legal Issues

  1. 1 ['Whether Mr Stanizzo should be permitted to rely on further written submissions at this stage of the proceedings' 'Whether the further submissions include disputed matters of fact and should be allowed']

Ratio Decidendi

The application to rely upon further submissions is refused because the submissions contain references to disputed matters of fact which would be oppressive to raise at this late stage; previous submissions from all parties were comprehensive.

Court Disposition

Application refused; costs awarded against Mr Stanizzo.

Orders

  • ["Mr Stanizzo's application to rely upon further written submissions is refused." 'Mr Stanizzo to pay the costs of all other parties of the application.']