AGL Energy Ltd v Hammond; Hammond v AGL Energy Ltd [2015] NSWLC 15

AGL Energy Ltd v Hammond; Hammond v AGL Energy Ltd [2015] NSWLC 15

The first respondent's amended statement of claim disclosed no reasonable cause of action because no actionable breach of privacy was pleaded in respect of information sought or used about him, and no viable negligence claim was pleaded: the damage alleged was distress or mental harm without any recognised psychiatric illness and no duty of care was arguable under the Civil Liability Act 2002 (NSW). The second respondent's negligence claim was also untenable for the same mental harm and duty reasons. However, because superior courts have left open the possible development of a common law privacy cause of action, and the second respondent alleged that her own address was unlawfully...

Jurisdiction
Australia
Judgment Date
08 July 2015
Procedural Posture
Civil / Notices of Motion to Strike Out Amended Statement of Claim, Seek Security for Costs, and Set Aside Subpoena for Production
Outcome
The amended statement of claim was struck out as to the first respondent. The second respondent's negligence claim was struck out, but her breach of privacy claim was not struck out. The application for a stay unless security for costs was provided was refused. The application to set aside the subpoena was refused.
Legal Topics
['strike Out Application' 'reasonable Cause of Action' 'breach of Privacy' 'pure Mental Harm' 'security for Costs' 'subpoena for Production' 'abuse of Process']
['civil Procedure' 'privacy' 'negligence' 'costs'] ['strike Out Application' 'reasonable Cause of Action' 'breach of Privacy' 'pure Mental Harm' 'security for Costs' 'subpoena for Production' 'abuse of Process']

Case Brief

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Procedural Posture

Civil / Notices of Motion to Strike Out Amended Statement of Claim, Seek Security for Costs, and Set Aside Subpoena for Production

Legal Issues

  1. 1 ['Whether the amended statement of claim disclosed a reasonable cause of action for breach of privacy by the first respondent and the second respondent.' 'Whether the amended statement of claim disclosed a reasonable cause of action in negligence by either respondent for distress or mental harm.' "Whether the second respondent's remaining breach of privacy claim should be stayed unless security for costs was provided." 'Whether the subpoena for production issued to the second applicant should be set aside as an abuse of process or for lack of relevance.']

Ratio Decidendi

The first respondent's amended statement of claim disclosed no reasonable cause of action because no actionable breach of privacy was pleaded in respect of information sought or used about him, and no viable negligence claim was pleaded: the damage alleged was distress or mental harm without any recognised psychiatric illness and no duty of care was arguable under the Civil Liability Act 2002 (NSW). The second respondent's negligence claim was also untenable for the same mental harm and duty reasons. However, because superior courts have left open the possible development of a common law privacy cause of action, and the second respondent alleged that her own address was unlawfully...

Court Disposition

The amended statement of claim was struck out as to the first respondent. The second respondent's negligence claim was struck out, but her breach of privacy claim was not struck out. The application for a stay unless security for costs was provided was refused. The application to set aside the subpoena was refused.

Orders

  • ['In so far as the first respondent is concerned, the amended statement of claim is struck out.' 'In so far as the second respondent is concerned, in so far as her claim is brought in negligence, the amended statement of claim is struck out.' "In so far as the notice motion to strike out the amended statement of...