Hayes v Lend Lease Darling Park One Pty Limited and ors; Hayes v Sydney Harbour Foreshore Authority and ors; Hayes v DPPT Operator Pty Limited and ors [2017] NSWSC 1376

Hayes v Lend Lease Darling Park One Pty Limited and ors; Hayes v Sydney Harbour Foreshore Authority and ors; Hayes v DPPT Operator Pty Limited and ors [2017] NSWSC 1376

There was undisputed evidence that Lend Lease Darling Park One Pty Limited had transferred the lease 14 years before the relevant incident and had no legal interest nor managerial responsibility over the area when the plaintiff was injured. Thus, the plaintiff's case for an ongoing duty of care was untenable and the claim against the first defendant should be dismissed.

Jurisdiction
Australia
Judgment Date
10 October 2017
Procedural Posture
Notice of Motion / Interlocutory Ruling
Outcome
Plaintiff's claim dismissed against first defendant in 2016/380175; costs to first defendant; directions for further evidence and argument about solicitor's responsibility for costs; further directions and orders regarding discontinuance, settlement, consolidation of claims, and cost questions reserved.
Legal Topics
['removal of Party' 'dismissal of Proceedings' 'indemnity Costs' 'management Responsibility After Lease Transfer']
['practice and Procedure'] ['removal of Party' 'dismissal of Proceedings' 'indemnity Costs' 'management Responsibility After Lease Transfer']

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Procedural Posture

Notice of Motion / Interlocutory Ruling

Legal Issues

  1. 1 ['Whether Lend Lease Darling Park One Pty Limited should be removed as a party or the claim dismissed against it due to lack of legal interest at time of incident' 'Whether ongoing managerial responsibility existed post-transfer of lease' 'Basis for indemnity costs']

Ratio Decidendi

There was undisputed evidence that Lend Lease Darling Park One Pty Limited had transferred the lease 14 years before the relevant incident and had no legal interest nor managerial responsibility over the area when the plaintiff was injured. Thus, the plaintiff's case for an ongoing duty of care was untenable and the claim against the first defendant should be dismissed.

Court Disposition

Plaintiff's claim dismissed against first defendant in 2016/380175; costs to first defendant; directions for further evidence and argument about solicitor's responsibility for costs; further directions and orders regarding discontinuance, settlement, consolidation of claims, and cost questions reserved.

Orders

  • ["Plaintiff's claim dismissed against Lend Lease Darling Park One Pty Limited in 2016/380175 pursuant to r 13.4(1)(b) Uniform Civil Procedure Rules 2005 (NSW)" "Plaintiff's solicitor directed to file affidavit re costs and possible neglect/incompetence pursuant to s 99(2) Civil Procedure Act 2005 (NSW) by 31 October...