BB6 v State of New South Wales [2021] NSWSC 1516

Supreme Court New South Wales

Medium Neutral Citation: BB6 v State of New South Wales [2021] NSWSC 1516 Hearing dates: 25 March 2021 Date of orders: 03 September 2021 Decision date: 03 September 2021 Jurisdiction: Common Law Before: Garling J Decision: (1) Leave refused to the plaintiff to file the proposed Amended Statement of Claim in the form of Annexure A to the affidavit of the plaintiff's solicitor dated 12 February 2021. (2) Plaintiff to pay the costs of the State of NSW and the Corporation of the Notice of Motion filed 12 February 2021. (3) Dismiss the Notice of Motion filed 12 February 2021. (4) Stand proceedings over for further directions on Friday 17 September 2021. (5) Liberty to apply. Catchwords: CIVIL PROCEDURE – pleadings – application for leave to file an amended statement of claim – form and content of pleading – whether the proposed amended statement of claim properly pleads the causes of actions alleged – whether requisite detail and specificity of pleadings – leave refused Legislation Cited: Child Welfare Act 1939 Civil Liability Act 2002 Civil Liability Amendment (Organisational Child Abuse Liability) Act 2018 Limitation Act 1969 Limitation Amendment (Child Abuse) Act 2016 Uniform Civil Procedure Rules 2005 Cases Cited: DC v State of New South Wales [2016] NSWCA 198 Garzo v Liverpool/Campbelltown Christian School [2012] NSWCA 151 Niass v State of NSW [2020] NSWSC 1753 PWJ1 v State of NSW [2020] NSWSC 1235 United Church in Australia Property Trust (NSW) v Miller; Miller v Lithgow City Council; [2015] NSWCA 320 Prince Alfred College Incorporated v ADC [2016] HCA 37; (2016) 258 CLR 134 Texts Cited: Not Applicable Category: Procedural rulings Parties: BB6 (P) State of NSW (D1) Catholic Archdiocese (D2) CJES (Applicant) Representation: Counsel: S McCarthy (P) T Buterin (D1) D Stretton (Applicant)