Barach v The University of New South Wales [2011] NSWSC 1327

Barach v The University of New South Wales [2011] NSWSC 1327

Plaintiff is granted leave to file and serve the Second Amended Statement of Claim, subject to deletion of particulars K and L in paragraph 109 and paragraphs 143-145. Extension of limitation period under section 56A Limitation Act 1969 is granted for the eighteenth matter complained of due to plaintiff's lack of knowledge of publication within 12 months. Certain pleading objections are dismissed; additional causes of action and representations by silence are arguable and not struck out.

Parties
Plaintiff: Paul Randall Barach; First Defendant: The University of New South Wales; Second Defendant: Professor Raphael Hilary Grzebieta; Third Defendant: Professor Ann Williamson; Fourth Defendant: Associate Professor Andrew McIntosh; Fifth Defendant: David Michael Ward; Sixth Defendant: Professor Richard Henry; Seventh Defendant: Harold Karaka; Eighth Defendant: Lori Mooren
Jurisdiction
Australia
Judgment Date
07 November 2011
Procedural Posture
Interlocutory Application / Application for Leave to Amend Statement of Claim and Extension of Limitation Period
Outcome
Leave granted to file and serve Second Amended Statement of Claim with deletions; extension of limitation period granted for eighteenth matter; further orders on costs to be heard.
Legal Topics
Extension of Limitation Period, Pleading Amendments, Misleading and Deceptive Conduct, Breach of Employment Contract, Vicarious Liability, Particulars of Pleading, Security for Costs, Discovery and Use of Documents
Defamation Employment Law Contract Law Consumer Law Extension of Limitation Period Pleading Amendments Misleading and Deceptive Conduct Breach of Employment Contract +4 more

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Parties

Paul Randall Barach

Plaintiff

The University of New South Wales

First Defendant

Professor Raphael Hilary Grzebieta

Second Defendant

Professor Ann Williamson

Third Defendant

Associate Professor Andrew McIntosh

Fourth Defendant

David Michael Ward

Fifth Defendant

Professor Richard Henry

Sixth Defendant

Harold Karaka

Seventh Defendant

Lori Mooren

Eighth Defendant

Procedural Posture

Interlocutory Application / Application for Leave to Amend Statement of Claim and Extension of Limitation Period

Legal Issues

  1. 1 Whether plaintiff should have leave to file Second Amended Statement of Claim with additional causes of action
  2. 2 Whether extension of time should be granted under section 56A Limitation Act 1969 for eighteenth matter
  3. 3 Whether certain particulars/paragraphs should be struck out as confusing or irrelevant

Ratio Decidendi

Plaintiff is granted leave to file and serve the Second Amended Statement of Claim, subject to deletion of particulars K and L in paragraph 109 and paragraphs 143-145. Extension of limitation period under section 56A Limitation Act 1969 is granted for the eighteenth matter complained of due to plaintiff's lack of knowledge of publication within 12 months. Certain pleading objections are dismissed; additional causes of action and representations by silence are arguable and not struck out.

Court Disposition

Leave granted to file and serve Second Amended Statement of Claim with deletions; extension of limitation period granted for eighteenth matter; further orders on costs to be heard.

Orders

  • Plaintiff given leave to file and serve Second Amended Statement of Claim, subject to deletion of particulars K and L in paragraph 109, and paragraphs 143-145.
  • Second Amended Statement of Claim to be filed and served by 5.00pm on 21 November 2011.