Daoud Hamade v State of New South Wales

[2011] HCASL 182

DAOUD HAMADE
v
STATE OF NEW SOUTH WALES
[2011] HCASL 182
S300/2011

1. The applicant brought proceedings against the State of New South Wales claiming damages for defamation.  The respondent sought to have the proceedings dismissed as disclosing no cause of action.  That motion came before Harrison AsJ.  The applicant's amended statement of claim was largely unintelligible.  Harrison AsJ apprehended that the gravamen of the applicant's claim related to the recording of three "events" on the police database that were said to contain information defamatory of the applicant.  Her Honour found that the pleading did not set out the elements of a cause of action.  She dismissed the proceedings, noting that Schmidt J had already given the applicant an opportunity to re-plead his claim. 

2. The Court of Appeal of the Supreme Court of New South Wales (Hodgson JA and Handley AJA) refused the applicant leave to appeal.

3. The applicant seeks special leave to appeal from the orders of the Court of Appeal refusing leave to appeal.  The grounds set out in the draft notice of appeal and the applicant's written case are incoherent.  The decision of the Court of Appeal was plainly correct. 

4. The application is dismissed.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

J.D. Heydon
26 October 2011 V.M. Bell