IZG2 v State of New South Wales [2024] NSWSC 1228

IZG2 v State of New South Wales [2024] NSWSC 1228

Leave to file the proposed Amended Statement of Cross-Claim is refused because the pleading lacks necessary particularisation as to how the State is a tortfeasor and as to the foreseeability of the risk of harm, thereby failing to meet the requisite standard for pleadings of this kind.

Parties
Plaintiff: IZG2; Defendant/cross Claimant/applicant: State of New South Wales; Cross Defendant/respondent: Helga Lam
Jurisdiction
Australia
Judgment Date
23 September 2024
Procedural Posture
Civil / Interlocutory Application on Proposed Amended Cross Claim
Outcome
Leave to file Amended Statement of Cross-Claim refused; Defendant's Notice of Motion dismissed; Costs ordered against State of NSW (defendant/cross-claimant).
Legal Topics
Pleadings, Amendment, Contribution, Indemnity
Civil Procedure Pleadings Amendment Contribution Indemnity

Case Brief

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Parties

IZG2

Plaintiff

State of New South Wales

Defendant/cross Claimant/applicant

Helga Lam

Cross Defendant/respondent

Procedural Posture

Civil / Interlocutory Application on Proposed Amended Cross Claim

Legal Issues

  1. 1 Whether leave should be granted to the State of New South Wales to file an Amended Statement of Cross-Claim for contribution or indemnity against Helga Lam under s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW).
  2. 2 Whether the proposed Amended Statement of Cross-Claim is sufficiently pleaded, specifically in respect of the pleading of tortfeasorship and foreseeability of harm.

Ratio Decidendi

Leave to file the proposed Amended Statement of Cross-Claim is refused because the pleading lacks necessary particularisation as to how the State is a tortfeasor and as to the foreseeability of the risk of harm, thereby failing to meet the requisite standard for pleadings of this kind.

Court Disposition

Leave to file Amended Statement of Cross-Claim refused; Defendant's Notice of Motion dismissed; Costs ordered against State of NSW (defendant/cross-claimant).

Orders

  • Any proposed Amended Statement of Cross-Claim is to be served on cross-defendant on or before 4pm 27 September 2024.
  • Solicitors for the cross-defendant are to notify the solicitors for the cross-claimant of their attitude to the proposed Amended Statement of Cross-Claim on or before 4pm 4 October 2024.