PM v The Council of Trinity Grammar School [2020] NSWSC 1353

Supreme Court New South Wales

Medium Neutral Citation: PM v The Council of Trinity Grammar School [2020] NSWSC 1353 Hearing dates: 22 May 2020 Date of orders: 08 October 2020 Decision date: 08 October 2020 Jurisdiction: Common Law Before: Garling J Decision: (1) Refuse leave to the plaintiff to file the proposed Amended Statement of Claim entitled "Amended (34) Statement of Claim". (2) Grant leave to the plaintiff, if so advised, to file a Motion seeking orders permitting the amendment of a Statement of Claim, together with all affidavits in support, provided that such notice of motion is filed on or before 24 October 2020. (3) Grant leave for the Motion to be made returnable before Garling J at 9am on 6 November 2020. (4) Otherwise dismiss the Notice of Motion filed 19 May 2020. Catchwords: CIVIL PROCEDURE — Pleadings — Amendment - Form and content of pleading – s 5B of the Civil Liability Act 2002 - whether the proposed Amended Statement of Claim properly pleads the causes of action alleged – whether the amended Statement of Claim articulates the risk of harm – leave to file amended Statement of Claim refused Legislation Cited: Civil Liability Act 2002 Limitation Act 1969 Cases Cited: Dare v Pulham [1982] HCA 70; (1982) 148 CLR 658 PWJ1 v The State of New South Wales [2020] NSWSC 1235 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: PM (P) The Council of Trinity Grammar School (D) Representation: Counsel: J Sharpe (P) J Sleight (D)