Sidgreaves v State of New South Wales (No 2) [2021] NSWSC 934

Supreme Court New South Wales

Medium Neutral Citation: Sidgreaves v State of New South Wales (No 2) [2021] NSWSC 934 Hearing dates: 27 July 2021 Date of orders: 30 July 2021 Decision date: 30 July 2021 Jurisdiction: Common Law Before: Davies J Decision: 1. The proposed further amended consolidated statement of claim filed 7 December 2020 is struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW) 2. The defendant is given leave to file a further amended statement of claim. Catchwords: CIVIL PROCEDURE – pleadings – form and content of pleadings – strike-out application for amended statement of claim pursuant to UCPR r 14.28 – prior iteration of statement of claim struck out pursuant to r 14.28 – where failure to plead claim of vicarious liability – where failure to plead claim for pure economic loss - where plaintiffs wish to make claims beyond what appears in statement of claim – where plaintiffs must amend pleading – statement of claim struck out – plaintiff given leave to re-plead NEGLIGENCE – vicarious liability – persons in service of Crown – where plaintiff submitted that State of NSW vicariously liable for acts and omissions of Chief Commissioner of State Revenue and the Independent Liquor and Gaming Authority – where no pleading of material facts to show how State is vicariously liable NEGLIGENCE – duty of care – pure economic loss –necessity to plead facts regarding assumed responsibility of alleged tortfeasor and vulnerability of plaintiffs Legislation Cited: Annual Reports (Departments) Act 1985 (NSW) Annual Reports (Statutory Bodies) Act 1984 (NSW) Civil Procedure Act 2005 (NSW) ss 56, 57, 58 Crown Proceedings Act 1988 (NSW) s 5 Gaming and Liquor Administration Act 2007 (NSW) s 6 Liquor Act 2007 (NSW) ss 3, 45, 60 Gaming Machine Tax Act 2001 (NSW) s 7 State Records Act 1998 (NSW) s 10, 22 Taxation Administration Act 1996 (NSW) s 62 Uniform Civil Procedure Rules 2005 (NSW) r 14.28 Cases Cited: Anthony John Sidgreaves v R; AJS Hotel Management Pty Ltd v R [2016] NSWDC 81 Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 (2014) 254 CLR 185; [2014] HCA 36 CJD Equipment v A&C Constructions [2009] NSWSC 1362 Constantinidis v Kehagiadis (No 2) [2011] NSWSC 1226 NAKF v Minister for Immigration and Multicultural Indigenous Affairs (2003) 130 FCR 210; [2003] FCA 730 Papacostas v Chief Commissioner of State Revenue [2006] NSWADT 57 Ryan v Ann Street Holdings Pty Ltd (2006) QCA 217 Sidgreaves v State of New South Wales [2020] NSWSC 1460 Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 515; [2004] HCA 16 Texts Cited: Nil Category: Procedural rulings Parties: Anthony Sidgreaves (First Plaintiff) A.J. Holdings NSW Pty Ltd (Second Plaintiff) State of New South Wales (First Defendant) Chief Commissioner of State Revenue (Second Defendant) Independent Liquor & Gaming Authority (Third Defendant) Representation: Counsel: Anthony Sidgreaves (Plaintiffs) A Gerard (Defendants)