AB v State New South Wales [2014] NSWSC 81

AB v State New South Wales [2014] NSWSC 81

AB's first pleaded cause of action was untenable because the statutory provisions he relied on did not create an employment relationship between him and the State, and there was no factual evidence that he was employed by the State. His second pleaded cause of action was untenable because educational expenses arising from AB's agreement with the School and anticipated orthodontic expenses were not loss or damage caused by XY within s 147 of the Children and Young Persons (Care and Protection) Act 1988. The Statement of Claim therefore disclosed no reasonable cause of action and was summarily dismissed.

Jurisdiction
Australia
Judgment Date
21 February 2014
Procedural Posture
Common Law Civil Proceedings / State of New South Wales' Notice of Motion for Summary Dismissal Under R 13.4(1)(b) of the Uniform Civil Procedure Rules 2005 or Strike Out Under R 14.28(1)(a)
Outcome
Statement of Claim dismissed; suppression and non-publication order made; AB ordered to pay the State's costs.
Legal Topics
['summary Dismissal' 'no Reasonable Cause of Action' 'authorised Carer' 'out of Home Care' 'employment Relationship' 'indemnity for Loss or Damage' 'suppression and Non Publication Orders']
['civil Procedure' 'statutory Interpretation' 'child Protection' 'anti Discrimination Law'] ['summary Dismissal' 'no Reasonable Cause of Action' 'authorised Carer' 'out of Home Care' 'employment Relationship' 'indemnity for Loss or Damage' 'suppression and Non Publication Orders']

Case Brief

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Procedural Posture

Common Law Civil Proceedings / State of New South Wales' Notice of Motion for Summary Dismissal Under R 13.4(1)(b) of the Uniform Civil Procedure Rules 2005 or Strike Out Under R 14.28(1)(a)

Legal Issues

  1. 1 ['Whether the Statement of Claim disclosed a reasonable cause of action against the State of New South Wales.' 'Whether AB, as an authorised carer under child protection legislation, was an employee of the State for the purposes of a claim under Part 4B of the Anti-Discrimination Act 1977.' 'Whether s 147 of the Children and Young Persons (Care and Protection) Act 1988 required the Minister to indemnify AB for educational and orthodontic expenses relating to XY.' 'Whether the proceedings should be summarily dismissed.']

Ratio Decidendi

AB's first pleaded cause of action was untenable because the statutory provisions he relied on did not create an employment relationship between him and the State, and there was no factual evidence that he was employed by the State. His second pleaded cause of action was untenable because educational expenses arising from AB's agreement with the School and anticipated orthodontic expenses were not loss or damage caused by XY within s 147 of the Children and Young Persons (Care and Protection) Act 1988. The Statement of Claim therefore disclosed no reasonable cause of action and was summarily dismissed.

Court Disposition

Statement of Claim dismissed; suppression and non-publication order made; AB ordered to pay the State's costs.

Orders

  • ['Order, pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010, that there be no publication or other disclosure of the identity of the plaintiff, his daughter, or of the second defendant school, or of any evidence or other material which would tend to reveal their identity.' 'Statement of...