Matthews v State of New South Wales (New South Wales Police Force) [2023] NSWSC 1419

Matthews v State of New South Wales (New South Wales Police Force) [2023] NSWSC 1419

The Statement of Claim is materially different from the Pre-Filing Statement, particularly in alleging workplace injury (including psychiatric injury) as a result of intentionally tortious conduct, breaching s 318 of the Workplace Injury Management and Workers Compensation Act. Adequate notice for such claims was not given, and the intentional tort claims are insufficiently pleaded; misfeasance in public office is unarguable and must be struck out. The Statement of Claim is to be struck out and must be re-pleaded in accordance with statutory requirements.

Jurisdiction
Australia
Judgment Date
21 November 2023
Procedural Posture
Civil / Interlocutory Motion for Summary Disposal/strike Out
Outcome
Judgment for applicant in part; Statement of Claim struck out; further orders reserved
Legal Topics
['summary Disposal of Proceedings' 'strike Out Pleadings' 'workplace Injury' 'intentional Torts' 'pre Filing Statement Requirements' 'damages for Psychiatric Injury' 'misfeasance in Public Office' 'malicious Prosecution' 'collateral Abuse of Process' 'vicarious Liability']
['civil Procedure' 'tort Law' 'employment Law'] ['summary Disposal of Proceedings' 'strike Out Pleadings' 'workplace Injury' 'intentional Torts' 'pre Filing Statement Requirements' 'damages for Psychiatric Injury' 'misfeasance in Public Office' 'malicious Prosecution' 'collateral Abuse of Process' 'vicarious Liability']

Case Brief

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Procedural Posture

Civil / Interlocutory Motion for Summary Disposal/strike Out

Legal Issues

  1. 1 ['Whether intentional torts must be included in Pre-Filing Statement under Workplace Injury Management and Workers Compensation Act' 'Whether Statement of Claim is materially different from Pre-Filing Statement and breaches s 318 of the Act' 'Whether intentional tort claims (malicious prosecution, collateral abuse of process, misfeasance in public office) are properly pleaded' 'Whether part or all of Statement of Claim should be struck out']

Ratio Decidendi

The Statement of Claim is materially different from the Pre-Filing Statement, particularly in alleging workplace injury (including psychiatric injury) as a result of intentionally tortious conduct, breaching s 318 of the Workplace Injury Management and Workers Compensation Act. Adequate notice for such claims was not given, and the intentional tort claims are insufficiently pleaded; misfeasance in public office is unarguable and must be struck out. The Statement of Claim is to be struck out and must be re-pleaded in accordance with statutory requirements.

Court Disposition

Judgment for applicant in part; Statement of Claim struck out; further orders reserved

Orders

  • ['Statement of Claim struck out; plaintiff to re-plead in accordance with ruling' 'Claim for misfeasance in public office struck out as unarguable' 'Further orders and directions to be made after parties consider how to proceed']