Hodges & Anor v State of New South Wales

[1988] HCATrans 34

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No Sl8 of 1988

B e t w e e n -

BERYL HODGES and ALEXANDER

GRUBER by his next friend

ERIC GRUBER

Respondent plaintiffs

and

STATE OF NEW SOUTH WALES and

GOVERNMENT INSURANCE OFFICE

OF NEW SOUTH WALES

Applicant defendants

BRENNAN J

( In	Chambers)
Hodges

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 9 MARCH 1988, AT 9.29 AM

(Continued from 4/3/88)

Copyright in the High Court of Australia

C3Tl/l/RB	67	9/3/88
HIS HONOUR~	In this matter I have prepared	reasons for

the order I am about to make.	The order which I
propose to make is as follows:

1.        The defendants' summons to strike out the

plaintiffs' statement of claim be dismissed

with costs.

2.        The plaintiffs have leave to amend their

statement of claim in accordance with the

amended draft initialled by me and further
amended by adding to the end of paragraph SA

the words "immediately prior to his death".

3.        The plaintiffs file and deliver their amended

statement of claim within seven days from
date of the making of this order.

4.         The defendants file and deliver their defence and demurrer within 14 days thereafter.

5.        The plaintiffs file and deliver their reply

and demurrer, if any, within seven days after

the delivery of the defence.

6.         The plaintiffs pay the defendants'· costs

thrown away or incurred in consequence of
the amendment of the statement of claim.

7.        Within seven days after entry of the defendants' demurrer for hearing the plaintiffs file 10 copies of comprehensive written argument

in support of the declaration claimed in the

statement of claim and deliver a copy thereof
to the defendants' solicitors.

8.        Within 14 days after the delivery of a copy

of the plaintiffs' comprehensive written

arguments the defendants file 10 copies of comprehensive written arguments in support

of their demurrer and deliver a copy thereof

to the plaintiffs' solicitors.

9.       Liberty to apply.

I publish my reasons and the order is made accordingly.

AT 9.31 AM THE MATTER WAS ADJOURNED SINE DIE

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Hodges