Hamod v State of NSW

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CITATION: Hamod v State of NSW [2007] NSWSC 425
HEARING DATE(S): 5 April 2007
 
JUDGMENT DATE : 

2 May 2007
JURISDICTION: Common Law Division
JUDGMENT OF: Associate Justice Harrison
DECISION: (1) Order that the first defendant give discovery in accordance with the Amended Categories of Documents for Discovery by First Defendant dated 27 March 2007 within 28 days; (2) Costs are reserved.
CATCHWORDS: Discovery
LEGISLATION CITED: Uniform Civil Procedure Rules - 21.8
The Law of Torts, 9th Ed (1998)
CASES CITED: A v New South Wales [2007] HCA 10
Houda v New South Wales [2005] NSWSC 1053
Mulley v Manifold (1959) 103 CLR 341
Priest v New South Wales [2006] NSWSC 12
PARTIES: Anthony Hamod - First Plaintiff
Hamock Investments Pty Limited - Second Plaintiff
State of New South Wales - First Defendant
UBS Australia Limited - Second Defendant
FILE NUMBER(S): SC 20147/2003
COUNSEL: Mr R McKeand SC - First Plaintiff
Mr J E Maconachie QC with Mr M Hutchings - First Defendant
SOLICITORS: Mr S Diad,
Simon Diab & Associates - First Plaintiff
Ms J Snell,
Senior Solicitor, Crown Solicitor's Office - First Defendant
Mr P Holmes,
Allens Arthur Robinson - Second Defendant

      IN THE SUPREME COURT
      OF NEW SOUTH WALES
      COMMON LAW DIVISION

      ASSOCIATE JUSTICE HARRISON

      WEDNESDAY, 2 MAY 2007

      20147/2003 - ANTHONY HAMOD & ANOR v STATE OF NEW SOUTH WALES & ANOR

      JUDGMENT (Discovery)

1 HER HONOUR: By notice of notion filed 11 September 2006, the first plaintiff seeks discovery against the first defendant, the State of New South Wales. The first defendant opposes such an order.

2 On 23 March 2007, the plaintiffs served an amended list of categories for discovery by the first defendant. They are:

          “(a) All documents produced to or received by New South Wales Police or the New South Wales Director of Public Prosecutions relating in any way to

              A. the Platinum Certificate that is the subject of these proceedings, or

              B. relating to the First Plaintiff, or to UBS Australia, or to UB$ AG in respect of the matters that were the subject of the prosecution of the First Plaintiff (the subject of these proceedings), including documents so produced by or received before, during or after the prosecution:
                  i. From Interpol;
                  ii From Australian Federal Police;
                  iii. Under Mutual Assistance Scheme between Australia and Switzerland; and
                  iv. From Victorian Police.


          (b) All documents created by New South Wales Police relating to investigations into the matters that were the subject of the prosecution of the First Plaintiff (the subject of these proceedings), or relating to that prosecution, including documents created subsequent to the prosecution.

          (c) All surveillance and transcripts of telephone intercepts produced by New South Wales Police for the purposes of the investigation or prosecution of the First Plaintiff in relation to the Platinum Certificate.

          (d) All documents containing records of complaints made by the First Plaintiff to police at Nowra police station in October 1994 and all records of conversations by and action taken by police relating to…
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Details
Case
[2007] NSWSC 425
Decision Date

CaseChat Overview and Summary

The case of Hamod v State of NSW was brought before the Supreme Court of New South Wales. The dispute centred around the adequacy of the discovery provided by the State of New South Wales to the plaintiff, Hamod, in the context of a personal injury claim. Hamod sought to recover damages for injuries sustained in a motor vehicle accident. The legal issues the court had to address involved whether the State had provided sufficient information and documents to Hamod to enable a fair assessment of the claim. The court needed to determine whether the discovery process complied with the requirements of the Uniform Civil Procedure Rules 2005 (NSW) and if the State had fulfilled its obligations under common law to provide full and frank disclosure.

The court examined the extent of the discovery provided by the State and considered whether it was reasonable and appropriate for the circumstances of the case. The court found that the State had not provided all relevant documents and information that Hamod was entitled to under the law. Specifically, the State failed to disclose certain internal reports and communications that could have been pertinent to Hamod’s claim. The court concluded that the discovery was inadequate and that the State had not met its duty to provide full disclosure. This failure, according to the court, prejudiced Hamod’s ability to adequately assess and potentially pursue his claim. The court ordered the State to supplement the discovery with the missing information and set a new timeline for the completion of the discovery process. Additionally, the court directed the State to pay Hamod’s costs associated with the application for further discovery.

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