Gillies v State of New South Wales (No.2) [2024] NSWSC 1057

Gillies v State of New South Wales (No.2) [2024] NSWSC 1057

The court ordered the removal of Judge Ronald Solomon as a party because, following his death, he was no longer a proper or necessary party. This did not require further amendment to the pleadings given the State's acceptance of potential vicarious liability.

Parties
Plaintiff: Max Perry Gillies; First Defendant: State of New South Wales; Second Defendant: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
21 August 2024
Procedural Posture
Civil / Interlocutory Application
Outcome
Application granted for removal of Judge Ronald Solomon as a party.
Legal Topics
Removal of Party Due to Death, Substitution of Parties
Civil Procedure Removal of Party Due to Death Substitution of Parties

Case Brief

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Parties

Max Perry Gillies

Plaintiff

State of New South Wales

First Defendant

Commonwealth of Australia

Second Defendant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether Judge Ronald Solomon should be removed as a defendant following his death
  2. 2 Whether amendment to pleading is required after removal of a defendant

Ratio Decidendi

The court ordered the removal of Judge Ronald Solomon as a party because, following his death, he was no longer a proper or necessary party. This did not require further amendment to the pleadings given the State's acceptance of potential vicarious liability.

Court Disposition

Application granted for removal of Judge Ronald Solomon as a party.

Orders

  • Judge Ronald Solomon be removed as a party because, in light of his death on 17 June 2024, he has ceased to be a proper or necessary party.
  • The title of the proceedings be recorded as Max Perry Gillies as plaintiff v State of New South Wales as first defendant and the Commonwealth of Australia as second defendant.