Chadwick v State of New South Wales (No 4) [2024] FCA 651

Chadwick v State of New South Wales (No 4) [2024] FCA 651

Parts of the Amended Concise Statement concerning challenges to NCAT proceedings and allegations collaterally attacking determinations made or protected by absolute immunity are unviable and must be struck out. The remainder of the strike out application is inappropriate as the concise statement is not a pleading and should not be held to pleading standards.

Parties
Applicant: Sandra Anne Ngaone (Noni) Chadwick; First Respondent: State of New South Wales; Second Respondent: New South Wales Land and Housing Corporation
Jurisdiction
Australia
Judgment Date
20 June 2024
Procedural Posture
Strike Out Application / Interlocutory Decision
Outcome
Strike out application partly granted and partly dismissed; costs reserved.
Legal Topics
Strike Out Applications, Concise Statement Procedure, Collateral Attack, Absolute Immunity
Administrative and Constitutional Law and Human Rights Practice and Procedure Strike Out Applications Concise Statement Procedure Collateral Attack Absolute Immunity

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Parties

Sandra Anne Ngaone (Noni) Chadwick

Applicant

State of New South Wales

First Respondent

New South Wales Land and Housing Corporation

Second Respondent

Procedural Posture

Strike Out Application / Interlocutory Decision

Legal Issues

  1. 1 Whether parts of the Amended Concise Statement should be struck out for lack of particularity
  2. 2 Whether allegations concerning NCAT proceedings are barred by principles of collateral attack and immunity

Ratio Decidendi

Parts of the Amended Concise Statement concerning challenges to NCAT proceedings and allegations collaterally attacking determinations made or protected by absolute immunity are unviable and must be struck out. The remainder of the strike out application is inappropriate as the concise statement is not a pleading and should not be held to pleading standards.

Court Disposition

Strike out application partly granted and partly dismissed; costs reserved.

Orders

  • Parts of the Amended Concise Statement be struck out: ACS [17] ("and in obtaining an unreasonable order without notice from NCAT"), ACS [17(a)] ("in obtaining an unreasonable order"), ACS [20] ("After falsely obtaining an order that the Applicant pay $215.00 per fortnight" and "only fifteen (15) days after the...
  • The strike out application be otherwise dismissed