Barnes v Surf Life Saving Illawarra Incorporated & Ors [2021] NSWDC 77

District Court New South Wales

Medium Neutral Citation: Barnes v Surf Life Saving Illawarra Incorporated & Ors [2021] NSWDC 77 Hearing dates: 19 March 2021 Date of orders: 19 March 2021 Decision date: 19 March 2021 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 99 Catchwords: JUDGMENTS AND ORDERS – application to set aside costs order made by consent – information not known to the party consenting to costs order imposed upon it – whether costs order made "against good faith" – the requirements of the interests of justice PRACTICE AND PROCEDURE – defences of recreational activities and risk warnings under Civil Liability Act 2002 (NSW) – pleading requirements - application by plaintiff that defendant provide request for particulars – application by defendants to further amend to add risk warning defence – delay in making application to amend – requirements of dictates of justice Legislation Cited: Civil Liability Act 2002 (NSW) ss 5B, 5C, 5E, 5F, 5K, 5L 5M, 60, 98 Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 98 Uniform Civil Procedure Rules 2005 (NSW) rr 15.1, 18.6, 31.28, 36.15, 36.16 Cases Cited: Aon Risk Services Australia v Australian National University (2009) 239 CLR 175 Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Carter v Hastings River Greyhound Racing Club [2020] NSWCA 185 Coles v Burke (1987) 10 NSWLR 429 Dare v Pulham (1982) 148 CLR 658 Expense Reduction Analysts Group v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 3 Kendell v Carnegie (2006) 68 NSWLR 193 Liu v The Age Co Ltd [2016] NSWCA 115 Menz v Wagga Wagga Show Society Inc [2020] NSWCA 65 Sims v Wran [1984] NSWLR 317 Sydney South West Area Health Service v MD (2009) 260 ALR 702 Uniting Church in Australia Property Trust (NSW) v Miller (2015) 91 NSWLR 752 Texts Cited: Ritchie's Uniform Civil Procedure Rules (NSW) Villa, Annotated Civil Liability Act 2002 (NSW) (3rd ed) Category: Procedural rulings Parties: Mr M Barnes (plaintiff) Surf Lifesaving Illawarra Incorporated (first defendant) Warilla Barrack Point Surf Live Saving Club Incorporated (second defendant) South Coast Branch NSW of Surf Life Saving Australian Incorporated (third defendant) Representation: Counsel: Mr Wilson for the plaintiff Mr Gambi for the first, second and third defendant