Saville v Insurance and Care NSW [2022] NSWSC 1126

Saville v Insurance and Care NSW [2022] NSWSC 1126

The Statement of Claim was embarrassing and could not stand because it did not adequately plead a cause of action, the elements or material facts of negligence or breach of statutory duty, or a causal connection between the defendants' conduct and the plaintiff's alleged psychological injury and economic loss. However, because the plaintiff was self-represented and the Court was not prepared to treat possible admissions in her submissions as binding, the proceedings were not dismissed and she was given liberty to file an Amended Statement of Claim with referral for pro bono assistance.

Jurisdiction
Australia
Judgment Date
24 August 2022
Procedural Posture
Motions to Dismiss or Alternatively Strike Out Statement of Claim in Proceedings Claiming Damages for Psychological Injury and Economic Loss Alleged to Arise From Negligence And/or Breach of Statutory Duty in the Investigation and Management of a Workers Compensation Claim / Interlocutory Motions Before Rothman J
Outcome
Statement of Claim struck out; proceedings not dismissed; plaintiff given liberty to file an Amended Statement of Claim; plaintiff referred for pro bono legal assistance; plaintiff ordered to pay defendants' costs of the Motions.
Legal Topics
['strike Out of Pleading' 'embarrassing Pleading' 'reasonable Cause of Action' 'self Represented Litigant' 'public Authority Duty of Care' 'pure Mental Harm' 'pro Bono Referral']
['civil Procedure' 'negligence' 'breach of Statutory Duty' 'workers Compensation' 'personal Injury'] ['strike Out of Pleading' 'embarrassing Pleading' 'reasonable Cause of Action' 'self Represented Litigant' 'public Authority Duty of Care' 'pure Mental Harm' 'pro Bono Referral']

Case Brief

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Procedural Posture

Motions to Dismiss or Alternatively Strike Out Statement of Claim in Proceedings Claiming Damages for Psychological Injury and Economic Loss Alleged to Arise From Negligence And/or Breach of Statutory Duty in the Investigation and Management of a Workers Compensation Claim / Interlocutory Motions Before Rothman J

Legal Issues

  1. 1 ['Whether the proceedings against each defendant should be dismissed.' 'Whether the Statement of Claim should be struck out as embarrassing or as disclosing no reasonable cause of action.' 'Whether the plaintiff should have liberty to file an Amended Statement of Claim.' 'Whether the plaintiff should be referred for legal assistance through the Pro-Bono Panel.']

Ratio Decidendi

The Statement of Claim was embarrassing and could not stand because it did not adequately plead a cause of action, the elements or material facts of negligence or breach of statutory duty, or a causal connection between the defendants' conduct and the plaintiff's alleged psychological injury and economic loss. However, because the plaintiff was self-represented and the Court was not prepared to treat possible admissions in her submissions as binding, the proceedings were not dismissed and she was given liberty to file an Amended Statement of Claim with referral for pro bono assistance.

Court Disposition

Statement of Claim struck out; proceedings not dismissed; plaintiff given liberty to file an Amended Statement of Claim; plaintiff referred for pro bono legal assistance; plaintiff ordered to pay defendants' costs of the Motions.

Orders

  • ['Pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW), the Court strikes out the Statement of Claim in these proceedings.' 'The plaintiff has liberty to file an Amended Statement of Claim by 4:00 PM on 10 October 2022.' 'Pursuant to r 7.36 of the Uniform Civil Procedure Rules, the Court refers the...