Doyle’s Farm Produce Pty Ltd as trustee for Claredale Family Trust v Murray Darling Basin Authority [2021] NSWSC 369

Doyle’s Farm Produce Pty Ltd as trustee for Claredale Family Trust v Murray Darling Basin Authority [2021] NSWSC 369

The Murray Darling Basin Authority, its delegates and the Commonwealth do not fall within the definition of 'public or other authority' under s 41 of the Civil Liability Act 2002 (NSW), as the provision is confined to entities of New South Wales. Therefore, the defences raised under Part 5 of the Civil Liability Act are not available at law to the defendants and the relevant paragraphs of the defence are to be struck out.

Jurisdiction
Australia
Judgment Date
13 April 2021
Procedural Posture
Representative Proceedings (class Action) / Interlocutory Application (motion to Strike Out Parts of Defence)
Outcome
Interlocutory motion granted in part; paragraphs of the defence relying on Part 5 Civil Liability Act 2002 (NSW) struck out; defendants to pay plaintiffs' costs of the motion; no order as to intervener's costs.
Legal Topics
['duty of Care of Public Authorities' 'statutory Construction' 'interlocutory Strike Out Applications' 'summary Determination of Legal Questions' "interpretation of 'public or Other Authority' Under Civil Liability Act 2002 (nsw)" 'consistency Between State and Commonwealth Laws']
['negligence' 'civil Procedure' 'constitutional Law'] ['duty of Care of Public Authorities' 'statutory Construction' 'interlocutory Strike Out Applications' 'summary Determination of Legal Questions' "interpretation of 'public or Other Authority' Under Civil Liability Act 2002 (nsw)" 'consistency Between State and Commonwealth Laws']

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Procedural Posture

Representative Proceedings (class Action) / Interlocutory Application (motion to Strike Out Parts of Defence)

Legal Issues

  1. 1 ["Whether the Murray Darling Basin Authority, its delegates, or the Commonwealth are 'public or other authority' within s 41 of the Civil Liability Act 2002 (NSW)" 'Whether the defendants are entitled to defences under Part 5 of the Civil Liability Act' 'Whether the strike out of defence paragraphs relying on Part 5 is apt for determination on a summary basis']

Ratio Decidendi

The Murray Darling Basin Authority, its delegates and the Commonwealth do not fall within the definition of 'public or other authority' under s 41 of the Civil Liability Act 2002 (NSW), as the provision is confined to entities of New South Wales. Therefore, the defences raised under Part 5 of the Civil Liability Act are not available at law to the defendants and the relevant paragraphs of the defence are to be struck out.

Court Disposition

Interlocutory motion granted in part; paragraphs of the defence relying on Part 5 Civil Liability Act 2002 (NSW) struck out; defendants to pay plaintiffs' costs of the motion; no order as to intervener's costs.

Orders

  • ['Strike out specified paragraphs of the defence to the further amended statement of claim (6A(c), 6B(c), 6C(c), 86(b)-(I), 187 (in part), 190 (in part), 192 (in part), 195 (in part), 197 (in part), 198A(g), 202 (in part), 203 (in part), 204 (in part), 205 (in part)).' "Order the defendants to pay the plaintiffs'...