Kingsman v Health Administration Corporation [1999] NSWSC 1032

Kingsman v Health Administration Corporation [1999] NSWSC 1032

The High Court's decision in Sue v Hill does not provide a new circumstance sufficient to justify rehearing the plaintiff's application for default or summary judgment, the substance of which has already been ruled upon; accordingly, the notice of motion is dismissed and plaintiff is restricted from making further...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 October 1999
Procedural Posture
Application for Summary Judgment/default Judgment / Ruling on Notice of Motion Filed 5 September 1999
Outcome
Notice of motion dismissed. Plaintiff restricted from making further similar applications without leave of the court.
Legal Topics
['default Judgment' 'summary Judgment' 'successive Applications' 'crown Immunity']
['practice and Procedure'] ['default Judgment' 'summary Judgment' 'successive Applications' 'crown Immunity']

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Procedural Posture

Application for Summary Judgment/default Judgment / Ruling on Notice of Motion Filed 5 September 1999

Legal Issues

  1. 1 ['Whether a further application for default judgment could be entertained absent any relevant new fact or circumstance' 'Whether the High Court decision in Sue v Hill [1999] HCA 30 constitutes a new circumstance justifying reconsideration' 'Whether the doctrine of Crown privilege or immunity remains part of the law of Australia']

Ratio Decidendi

The High Court's decision in Sue v Hill does not provide a new circumstance sufficient to justify rehearing the plaintiff's application for default or summary judgment, the substance of which has already been ruled upon; accordingly, the notice of motion is dismissed and plaintiff is restricted from making further similar applications without leave.

Court Disposition

Notice of motion dismissed. Plaintiff restricted from making further similar applications without leave of the court.

Orders

  • ['Plaintiff is not to move the court for orders pursuant to Pt 15 r 26 (striking out pleadings) nor for orders under Pt 17 (default judgment) without leave of a justice of this court.' 'Notice of motion dismissed.']