Elliott v Bali Bungy Co [2002] NSWSC 906

Elliott v Bali Bungy Co [2002] NSWSC 906

Although there are pleading deficiencies in two of the cases (Rebekah Elliott and Jason Bamblett), at least part of the proceedings of Mrs Elaine Elliott, Mrs Robyn Burton and Mrs Jennifer MacDonald should proceed; the pleadings may be amended if necessary, and it is appropriate to allow the matters to continue and...

Source-derived case information.

Parties
Plaintiff: Rebekah Jane Elliott; Eighth Defendant: Black Diamond Manufacturing Ltd
Jurisdiction
Australia
Judgment Date
01 October 2002
Procedural Posture
Civil / Interlocutory Motions—application for Leave to Proceed Against 8th Defendant and Application to Set Aside Service
Outcome
Leave to proceed granted; notice of motion to set aside service and proceedings is dismissed in each case; costs of motions to be costs in the cause.
Legal Topics
Jurisdiction Over Foreign Defendants, Told Nervous Shock, Negligence—product Liability, Compensation to Relatives Act Claims, Latent Defect in Goods, Duty of Care—retailers
Private International Law Tort Law Sale of Goods Jurisdiction Over Foreign Defendants Told Nervous Shock Negligence—product Liability Compensation to Relatives Act Claims Latent Defect in Goods +1 more

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Summary, issues, holding and outcome

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Parties

Rebekah Jane Elliott

Plaintiff

Black Diamond Manufacturing Ltd

Eighth Defendant

Procedural Posture

Civil / Interlocutory Motions—application for Leave to Proceed Against 8th Defendant and Application to Set Aside Service

Legal Issues

  1. 1 Whether leave to proceed should be granted against the foreign (US) manufacturer Black Diamond Manufacturing Ltd, including whether service out of jurisdiction was valid under Supreme Court Rules;
  2. 2 Whether statements of claim for told nervous shock and Compensation to Relatives Act claims are sufficiently pleaded and disclose an arguable cause of action;
  3. 3 Whether actions related to nervous shock and Compensation to Relatives Act fall within relevant rule enabling service outside the jurisdiction;

Ratio Decidendi

Although there are pleading deficiencies in two of the cases (Rebekah Elliott and Jason Bamblett), at least part of the proceedings of Mrs Elaine Elliott, Mrs Robyn Burton and Mrs Jennifer MacDonald should proceed; the pleadings may be amended if necessary, and it is appropriate to allow the matters to continue and not set aside service or dismiss the actions at this stage; costs are to be costs in the cause.

Court Disposition

Leave to proceed granted; notice of motion to set aside service and proceedings is dismissed in each case; costs of motions to be costs in the cause.

Orders

  • Leave to proceed against Black Diamond granted in each action.
  • Notice of motion to set aside service and proceedings is dismissed in each action.