Heptonstall v Gaskin & 2 Ors [2003] NSWSC 693

Heptonstall v Gaskin & 2 Ors [2003] NSWSC 693

Paragraphs 35 to 37 of the plaintiff’s amended statement of claim do not disclose a duty of care owed by the Department of Education to the plaintiff in respect of its investigation or disciplinary procedures; consistent with established authority, no reasonable cause of action arises in such circumstances and those paragraphs should be struck out. Certain discovery claims were dismissed as fishing expeditions or protected by privilege.

Jurisdiction
Australia
Judgment Date
01 August 2003
Procedural Posture
Civil / Interlocutory Applications (summary Judgment and Discovery)
Outcome
Interlocutory applications determined: paragraphs 35 to 37 of amended statement of claim struck out; partial discovery granted; balance of discovery application dismissed; costs awarded to third defendant.
Legal Topics
['duty of Care' 'negligence' 'summary Judgment' 'strike Out' 'discovery' 'legal Professional Privilege' 'safe System of Work' 'misfeasance in Public Office' 'false Imprisonment' 'contract of Employment']
['tort Law' 'employment Law' 'administrative Law'] ['duty of Care' 'negligence' 'summary Judgment' 'strike Out' 'discovery' 'legal Professional Privilege' 'safe System of Work' 'misfeasance in Public Office' 'false Imprisonment' 'contract of Employment']

Case Brief

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Procedural Posture

Civil / Interlocutory Applications (summary Judgment and Discovery)

Legal Issues

  1. 1 ['Whether paragraphs 35 to 37 of the amended statement of claim disclose a reasonable cause of action in negligence against the Department of Education and its agents' 'Whether discovery should be granted of documents sought by the plaintiff, including personnel and medical files of first and second defendants and documents over which third defendant claims privilege']

Ratio Decidendi

Paragraphs 35 to 37 of the plaintiff’s amended statement of claim do not disclose a duty of care owed by the Department of Education to the plaintiff in respect of its investigation or disciplinary procedures; consistent with established authority, no reasonable cause of action arises in such circumstances and those paragraphs should be struck out. Certain discovery claims were dismissed as fishing expeditions or protected by privilege.

Court Disposition

Interlocutory applications determined: paragraphs 35 to 37 of amended statement of claim struck out; partial discovery granted; balance of discovery application dismissed; costs awarded to third defendant.

Orders

  • ['Paragraphs 35 to 37 of the ASC are struck out.' "In relation to paragraph 2(a), (b) and (c) of the plaintiff's notice of motion filed 26 February 2003, the third defendant is to comply with Part 23(6)(b) SCR giving the number of documents and reference period within 14 days." "The balance of the plaintiff's notice...