Hartnett v Trustees of the Roman Catholic Church Diocese of Wilcannia-Forbes [2023] NSWSC 1606

Hartnett v Trustees of the Roman Catholic Church Diocese of Wilcannia-Forbes [2023] NSWSC 1606

Leave to amend was granted because the proposed paragraphs 57A to 57J raised an arguable issue as to aggravated and exemplary damages against the first defendant, the Court was not persuaded that the first defendant's interpretation of the correspondence was so clear as to justify refusing the amendment on a no-prospect basis, and there was no suggested procedural prejudice or delay to the fixed hearing date.

Jurisdiction
Australia
Judgment Date
06 December 2023
Procedural Posture
Civil Procedure; Personal Injury Damages Claim Arising From Alleged Physical and Sexual Abuse / Notice of Motion for Leave to File a Second Further Amended Statement of Claim
Outcome
Application for leave to amend granted.
Legal Topics
['pleadings' 'amendment' 'vicarious Liability' 'aggravated Damages' 'exemplary Damages' 'alleged Institutional Abuse']
['civil Procedure' 'personal Injury'] ['pleadings' 'amendment' 'vicarious Liability' 'aggravated Damages' 'exemplary Damages' 'alleged Institutional Abuse']

Case Brief

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Procedural Posture

Civil Procedure; Personal Injury Damages Claim Arising From Alleged Physical and Sexual Abuse / Notice of Motion for Leave to File a Second Further Amended Statement of Claim

Legal Issues

  1. 1 ['Whether the plaintiff should have leave to amend the statement of claim to add a vicarious liability claim against the first defendant for the alleged conduct of an Aboriginal liaison officer.' 'Whether proposed pleadings claiming aggravated and exemplary damages against the first defendant based on alleged "fraud allegations" should be permitted.' 'Whether the proposed aggravated damages pleading had no prospect of success or raised an arguable issue.']

Ratio Decidendi

Leave to amend was granted because the proposed paragraphs 57A to 57J raised an arguable issue as to aggravated and exemplary damages against the first defendant, the Court was not persuaded that the first defendant's interpretation of the correspondence was so clear as to justify refusing the amendment on a no-prospect basis, and there was no suggested procedural prejudice or delay to the fixed hearing date.

Court Disposition

Application for leave to amend granted.

Orders

  • ['Grant leave to the plaintiff to file and serve a Second Further Amended Statement of Claim in the form presently Annexure G to the affidavit of Michelle Martin affirmed 27 October 2023. Any such leave is to be exercised no later than 4pm Friday 8 December 2023.' 'Order that any Defence to the Second Further...