Hordern v State of New South Wales [2018] NSWSC 1515

Hordern v State of New South Wales [2018] NSWSC 1515

The amended statement of claim was struck out because substantial parts did not disclose any known or reasonable cause of action, related to a proposed third defendant against whom leave had not been granted, or claimed damages not available under s 21 of the Civil Liability Act 2005 (NSW). Limited leave to replead was granted for paragraphs concerning the alleged assaults and damages because those matters could give rise to a cause of action if properly pleaded. The plaintiff's adjournment motion was dismissed because, despite difficulties with computer access, he had had previous adjournments and could at least have prepared a handwritten proposed pleading. The defendants' dismissal...

Jurisdiction
Australia
Judgment Date
02 October 2018
Procedural Posture
Civil Procedure; Statement of Claim Amendments; Notices of Motion / Hearing of Notices of Motion Seeking Dismissal of Proceedings and Adjournment
Outcome
The plaintiff's amended statement of claim was struck out; limited leave to replead was granted; the first defendant's, second defendant's and plaintiff's notices of motion were dismissed; the plaintiff was ordered to pay the defendants' costs of the notices of motion; the matter was stood over for directions.
Legal Topics
['statement of Claim' 'strike Out' 'leave to Replead' 'frivolous or Vexatious Proceedings' 'professional Negligence Expert Reports' 'costs']
['civil Procedure' 'personal Injury' 'negligence'] ['statement of Claim' 'strike Out' 'leave to Replead' 'frivolous or Vexatious Proceedings' 'professional Negligence Expert Reports' 'costs']

Case Brief

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Procedural Posture

Civil Procedure; Statement of Claim Amendments; Notices of Motion / Hearing of Notices of Motion Seeking Dismissal of Proceedings and Adjournment

Legal Issues

  1. 1 ["Whether the plaintiff's amended statement of claim disclosed causes of action against the first and second defendants or should be struck out." 'Whether the proceedings should be dismissed under Uniform Civil Procedure Rules 2005 (NSW), rr 13.4 and 31.36.' 'Whether the plaintiff should be granted an adjournment.' 'Whether the plaintiff should have leave to replead parts of the amended statement of claim.' "Whether the plaintiff should pay the defendants' costs of the notices of motion."]

Ratio Decidendi

The amended statement of claim was struck out because substantial parts did not disclose any known or reasonable cause of action, related to a proposed third defendant against whom leave had not been granted, or claimed damages not available under s 21 of the Civil Liability Act 2005 (NSW). Limited leave to replead was granted for paragraphs concerning the alleged assaults and damages because those matters could give rise to a cause of action if properly pleaded. The plaintiff's adjournment motion was dismissed because, despite difficulties with computer access, he had had previous adjournments and could at least have prepared a handwritten proposed pleading. The defendants' dismissal...

Court Disposition

The plaintiff's amended statement of claim was struck out; limited leave to replead was granted; the first defendant's, second defendant's and plaintiff's notices of motion were dismissed; the plaintiff was ordered to pay the defendants' costs of the notices of motion; the matter was stood over for directions.

Orders

  • ["The plaintiff's amended statement of claim filed 31 August 2017 is struck out." 'Leave is granted to the plaintiff to replead paragraphs 1 to 6, 15 to 20, 24 to 29, 56 (except for 56.7) and 57 that were pleaded in the amended statement of claim filed 31 August 2017.' 'The plaintiff is file and serve a further...