Frost v The Speaker of the Legislative Assembly of NSW & 2 Ors [2001] NSWSC 639

Frost v The Speaker of the Legislative Assembly of NSW & 2 Ors [2001] NSWSC 639

The statement of claim, as it stands, does not sufficiently plead facts material to an independent duty of care owed by the third defendant, nor does it overcome legal obstacles created by the Crown Proceedings Act 1988 (NSW) or the Law Reform (Vicarious Liability) Act 1983, but the plaintiff is given leave to replead. The proceedings against the third defendant are not necessarily untenable nor vexatious given arguable points on the statutory definitions and potential multiple liability, but proper pleadings are required.

Jurisdiction
Australia
Judgment Date
31 July 2001
Procedural Posture
Civil / Interlocutory (summary Judgment Application by Third Defendant)
Outcome
Statement of claim struck out with liberty to replead; costs in the cause.
Legal Topics
['summary Judgment' 'vicarious Liability' 'non Delegable Duties' 'pleading Standards' 'concurrent Proceedings']
['torts' 'civil Procedure' 'employment Law'] ['summary Judgment' 'vicarious Liability' 'non Delegable Duties' 'pleading Standards' 'concurrent Proceedings']

Case Brief

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Procedural Posture

Civil / Interlocutory (summary Judgment Application by Third Defendant)

Legal Issues

  1. 1 ['Whether the statement of claim discloses a reasonable cause of action against the third defendant' 'Whether proceedings against the third defendant are barred by the Crown Proceedings Act 1988 (NSW) or Law Reform (Vicarious Liability) Act 1983' 'Whether the third defendant owed a non-delegable duty of care to the plaintiff' 'Whether there are pleading deficiencies justifying strike-out' 'Whether the proceedings constitute an abuse of process due to concurrent proceedings']

Ratio Decidendi

The statement of claim, as it stands, does not sufficiently plead facts material to an independent duty of care owed by the third defendant, nor does it overcome legal obstacles created by the Crown Proceedings Act 1988 (NSW) or the Law Reform (Vicarious Liability) Act 1983, but the plaintiff is given leave to replead. The proceedings against the third defendant are not necessarily untenable nor vexatious given arguable points on the statutory definitions and potential multiple liability, but proper pleadings are required.

Court Disposition

Statement of claim struck out with liberty to replead; costs in the cause.

Orders

  • ['The statement of claim is struck out.' 'The plaintiff is to file and serve an amended statement of claim within two months.' 'Costs are costs in the cause.']