Niass v State of New South Wales [2020] NSWSC 1753

Supreme Court New South Wales

Medium Neutral Citation: Niass v State of New South Wales [2020] NSWSC 1753 Hearing dates: 06 October 2020 Date of orders: 10 December 2020 Decision date: 10 December 2020 Jurisdiction: Common Law Before: Garling J Decision: (1) Application for leave to file an amended pleading in the form of the September 2020 pleading is dismissed. (2) Order the plaintiff to pay the defendant's costs of the application (3) Stand over the proceedings for further directions to Friday 12 February 2021 at 9am before Garling J. Catchwords: CIVIL PROCEDURE — Pleadings — Amendment - Form and content of pleading - s 5B of the Civil Liability Act 2002 – whether the duty of care as pleaded is too broad – knowledge of risk of harm – actual or constructed knowledge - whether the amended Statement of Claim properly articulates the risk of harm – vicarious liability of the Crown – pleading fails to engage with relevant legal requirements - leave to file amended Statement of Claim refused Legislation Cited: Child Welfare Act 1939 Civil Liability Act 2002 Civil Procedure Act 2005 Crown Proceedings Act 1988 Law Reform (Vicarious Liability) Act 1983 Uniform Civil Procedure Rules 2005 Cases Cited: Prince Alfred College Inc v ADC [2016] HCA 37; (2016) 258 CLR 134 PWJ1 v State NSW [2020] NSWSC 1235 Sullivan v Moody [2001] HCA 59; (2001) 207 CLR 562 Texts Cited: Not Applicable Category: Principal judgment Parties: Barry Niass (P) State of NSW (D) Representation: Counsel: J Harrison (P) N Newton (D)