McGEE V. YEOMANS

McGEE V. YEOMANS

Only a legal personal representative appointed in New South Wales can be sued in New South Wales; thus, without such a grant, the statement of claim discloses no reasonable cause of action and must be struck out.

Parties
Plaintiff: McGee; Defendant: Yeomans
Jurisdiction
Australia
Judgment Date
23 September 1976
Procedural Posture
Negligence for Personal Injury / Application to Strike Out Statement of Claim
Outcome
statement of claim struck out, action dismissed with costs
Legal Topics
Personal Injury, Survival of Actions, Jurisdiction, Grant of Administration
Tort Conflict of Laws Estate Administration Personal Injury Survival of Actions Jurisdiction Grant of Administration

Case Brief

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Parties

McGee

Plaintiff

Yeomans

Defendant

Procedural Posture

Negligence for Personal Injury / Application to Strike Out Statement of Claim

Legal Issues

  1. 1 Does a cause of action survive against a representative appointed outside New South Wales under New South Wales law?
  2. 2 Can a plaintiff sue a foreign administrator in New South Wales without a local grant of administration?

Ratio Decidendi

Only a legal personal representative appointed in New South Wales can be sued in New South Wales; thus, without such a grant, the statement of claim discloses no reasonable cause of action and must be struck out.

Court Disposition

statement of claim struck out, action dismissed with costs

Orders

  • statement of claim be struck out
  • action dismissed with costs