STATE OF NEW SOUTH WALES v BALL [2007] NSWCA 71

STATE OF NEW SOUTH WALES v BALL [2007] NSWCA 71

Because the impugned paragraphs of the statement of claim allege negligent general allocation of resources by the public authority, s 42 of the Civil Liability Act 2002 (NSW) precludes such claims from being justiciable and those pleading paragraphs should be struck out.

Parties
Claimant: State of New South Wales; Opponent: Gordon Alan Ball
Jurisdiction
Australia
Judgment Date
28 March 2007
Procedural Posture
Appeal / Judgment on Application for Leave to Appeal and Appeal
Outcome
Appeal allowed; certain paragraphs of the statement of claim struck out; costs of appeal and below paid by opponent; certificate under Suitors' Fund Act if otherwise qualified.
Legal Topics
Interpretation of Civil Liability Act 2002 (nsw) S 3 B(1)(f) and S 42, Striking Out Pleadings Alleging Negligence in Resource Allocation by Public Authority
Statutory Interpretation Torts Negligence Interpretation of Civil Liability Act 2002 (nsw) S 3 B(1)(f) and S 42 Striking Out Pleadings Alleging Negligence in Resource Allocation by Public Authority

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

State of New South Wales

Claimant

Gordon Alan Ball

Opponent

Procedural Posture

Appeal / Judgment on Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 Whether s 3B(1)(f) of the Civil Liability Act 2002 (NSW) excludes the application of the Act to the opponent's claim
  2. 2 Whether particulars of negligence in the statement of claim should be struck out by reason of s 42 of the Civil Liability Act 2002 (NSW)

Ratio Decidendi

Because the impugned paragraphs of the statement of claim allege negligent general allocation of resources by the public authority, s 42 of the Civil Liability Act 2002 (NSW) precludes such claims from being justiciable and those pleading paragraphs should be struck out.

Court Disposition

Appeal allowed; certain paragraphs of the statement of claim struck out; costs of appeal and below paid by opponent; certificate under Suitors' Fund Act if otherwise qualified.

Orders

  • Leave to appeal granted.
  • Appeal upheld.