Turnbull v Kyogle Council [2024] NSWSC 1297

Turnbull v Kyogle Council [2024] NSWSC 1297

The legislation establishing the Lifetime Care and Support Scheme does not operate to bar the plaintiff's entitlement to claim common law damages. Such a bar would need to be expressed clearly and cannot be implied from the statutory scheme. The defendant's proposed defence, asserting a statutory bar, is futile as...

Source-derived case information.

Parties
Plaintiff: Mr Simon Charles Turnbull; Defendant: Kyogle Council
Jurisdiction
Australia
Judgment Date
16 October 2024
Procedural Posture
Civil Procedural Ruling / Interlocutory Motion Concerning Permission to Rely on Amended Defence
Outcome
Application for leave to rely on amended defence dismissed; parties may make submissions on costs.
Legal Topics
Pleadings, Amendment of Defence, Common Law Damages and Statutory Benefits, Motor Vehicle Accident Compensation
Civil Procedure Pleadings Amendment of Defence Common Law Damages and Statutory Benefits Motor Vehicle Accident Compensation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 14 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Mr Simon Charles Turnbull

Plaintiff

Kyogle Council

Defendant

Procedural Posture

Civil Procedural Ruling / Interlocutory Motion Concerning Permission to Rely on Amended Defence

Legal Issues

  1. 1 Whether defendant should be permitted to rely on amended defence claiming statutory bar to plaintiff's entitlement to common law damages due to Lifetime Care and Support Scheme participation

Ratio Decidendi

The legislation establishing the Lifetime Care and Support Scheme does not operate to bar the plaintiff's entitlement to claim common law damages. Such a bar would need to be expressed clearly and cannot be implied from the statutory scheme. The defendant's proposed defence, asserting a statutory bar, is futile as no such bar exists in the legislation.

Court Disposition

Application for leave to rely on amended defence dismissed; parties may make submissions on costs.

Orders

  • The defendant is not permitted to rely on the amended defence which is Annexure A to the affidavit of Matthew Gerathy dated 3 September 2024.
  • The parties have leave to make submissions on costs.