Maddock v Penrith City Council [2022] NSWSC 303

Maddock v Penrith City Council [2022] NSWSC 303

The plaintiff's pleading that Penrith City Council had care, control, and maintenance of Mulgoa Road, particularly in relation to the design and construction during 2001-2002, is arguable on the available evidence and properly pleaded. There remains a factual issue as to the circumstances and entity responsible for the roadway's construction, thus disclosure of a reasonable cause of action against the Council cannot be excluded at this stage. The application to strike out is dismissed.

Parties
Plaintiff: Dean Maddock; First Defendant: Penrith City Council; Second Defendant: Transport for New South Wales
Jurisdiction
Australia
Judgment Date
21 March 2022
Procedural Posture
Civil / Interlocutory Application (strike Out Motion)
Outcome
First defendant's notice of motion dismissed; costs reserved; proceedings to continue.
Legal Topics
Strike Out Pleadings, No Reasonable Cause of Action, Negligence, Civil Liability, Road Authority Liability
Civil Procedure Strike Out Pleadings No Reasonable Cause of Action Negligence Civil Liability Road Authority Liability

Case Brief

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Parties

Dean Maddock

Plaintiff

Penrith City Council

First Defendant

Transport for New South Wales

Second Defendant

Procedural Posture

Civil / Interlocutory Application (strike Out Motion)

Legal Issues

  1. 1 Whether the plaintiff has pleaded a reasonable cause of action against Penrith City Council
  2. 2 Whether Penrith City Council is a proper defendant given the facts and statutory framework
  3. 3 Whether the pleadings disclose a triable issue against Penrith City Council

Ratio Decidendi

The plaintiff's pleading that Penrith City Council had care, control, and maintenance of Mulgoa Road, particularly in relation to the design and construction during 2001-2002, is arguable on the available evidence and properly pleaded. There remains a factual issue as to the circumstances and entity responsible for the roadway's construction, thus disclosure of a reasonable cause of action against the Council cannot be excluded at this stage. The application to strike out is dismissed.

Court Disposition

First defendant's notice of motion dismissed; costs reserved; proceedings to continue.

Orders

  • The first defendant's notice of motion filed 6 April 2021 is dismissed.
  • Costs are reserved.