Rouvinetis v Varady & Ors [2009] NSWSC 109

Rouvinetis v Varady & Ors [2009] NSWSC 109

The pleadings do not disclose any duty of care owed by the defendants to the plaintiff in the circumstances alleged, nor any cause of action in negligence, as the defendants neither invited nor had a relationship with the plaintiff, nor had control over the security guards who assaulted him; mere foreseeability of harm does not give rise to a duty in these circumstances. Proceedings are dismissed as disclosing no reasonable cause of action.

Jurisdiction
Australia
Judgment Date
05 March 2009
Procedural Posture
Strike Out Application / Judgment on Notice of Motion to Strike Out/dismiss Statement of Claim
Outcome
Proceedings dismissed for no reasonable cause of action disclosed
Legal Topics
['duty of Care' 'strike Out Application' 'no Reasonable Cause of Action' 'liability for Acts of Third Parties']
['negligence' 'civil Procedure'] ['duty of Care' 'strike Out Application' 'no Reasonable Cause of Action' 'liability for Acts of Third Parties']

Case Brief

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Procedural Posture

Strike Out Application / Judgment on Notice of Motion to Strike Out/dismiss Statement of Claim

Legal Issues

  1. 1 ['Whether the defendants owed a duty of care to the plaintiff on the pleaded facts' 'Whether the statement of claim disclosed a reasonable cause of action in negligence against the defendants' 'Whether proceedings should be dismissed/struck out as untenable']

Ratio Decidendi

The pleadings do not disclose any duty of care owed by the defendants to the plaintiff in the circumstances alleged, nor any cause of action in negligence, as the defendants neither invited nor had a relationship with the plaintiff, nor had control over the security guards who assaulted him; mere foreseeability of harm does not give rise to a duty in these circumstances. Proceedings are dismissed as disclosing no reasonable cause of action.

Court Disposition

Proceedings dismissed for no reasonable cause of action disclosed

Orders

  • ['Statement of claim dismissed under Rule 13.4(b) of the Uniform Civil Procedure Rules 2005' 'No order as to costs unless applied for within 14 days']