Adam Mortley trading as inspira nutritionals v National Disability Insurance Agency [2024] NSWDC 19

Adam Mortley trading as inspira nutritionals v National Disability Insurance Agency [2024] NSWDC 19

The plaintiff's claim against NDIA fails as there is no contractual or statutory obligation owed to the plaintiff by NDIA regarding payment and delay, nor any right to compensation under relevant statutes; the application for summary dismissal is granted as there is a high degree of certainty the action will fail.

Jurisdiction
Australia
Judgment Date
14 February 2024
Procedural Posture
Civil / Summary Dismissal Application
Outcome
plaintiff's proceeding against first defendant summarily dismissed; costs awarded to NDIA in gross sum
Legal Topics
['application for Summary Dismissal' 'costs' 'australian Consumer Law' 'national Disability Insurance Scheme Act' 'uniform Civil Procedure Rules']
['civil Procedure'] ['application for Summary Dismissal' 'costs' 'australian Consumer Law' 'national Disability Insurance Scheme Act' 'uniform Civil Procedure Rules']

Case Brief

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Procedural Posture

Civil / Summary Dismissal Application

Legal Issues

  1. 1 ["whether the plaintiff's statement of claim against NDIA discloses a reasonable cause of action or triable issue" 'whether NDIA owed a contractual or statutory obligation to plaintiff regarding payment delays' 'whether NDIA breached provisions of the Australian Consumer Law or National Disability Insurance Scheme Act' 'entitlement to compensation and causation under ACL' 'appropriate costs order']

Ratio Decidendi

The plaintiff's claim against NDIA fails as there is no contractual or statutory obligation owed to the plaintiff by NDIA regarding payment and delay, nor any right to compensation under relevant statutes; the application for summary dismissal is granted as there is a high degree of certainty the action will fail.

Court Disposition

plaintiff's proceeding against first defendant summarily dismissed; costs awarded to NDIA in gross sum

Orders

  • ["Pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW), the plaintiff's proceeding against the first defendant is summarily dismissed." "Pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), the plaintiff is to pay the first defendant's costs in the gross sum of $14,450."]