MTH v State of New South Wales [2022] NSWSC 884

Supreme Court New South Wales

Medium Neutral Citation: MTH v State of New South Wales [2022] NSWSC 884 Hearing dates: 14 April 2022; Written submissions and material on 21 April 2022; 26 May 2022; 3 June 2022; 11 July 2022 Date of orders: 02 September 2022 Decision date: 02 September 2022 Jurisdiction: Common Law Before: Garling J Decision: (1) Notice of Motion filed 3 March 2022 is dismissed. (2) Plaintiff to pay the costs of Mrs Croft as the respondent to the Motion. (3) The costs of the first and second defendants be their costs in the cause. Catchwords: CIVIL PROCEDURE — Parties — Joinder — Of defendants — Where novel claim in negligence which may be an incremental development of the common law — Claim ought be permitted to proceed CIVIL PROCEDURE — Pleadings — Amendment — Whether proposed amended statement of claim met the requirements of form and content including those of the Civil Liability Act 2002 — Claim not adequately formulated or pleaded LIMITATION OF ACTIONS — Personal injury — Child abuse — Legislative removals of previous limitation periods — Whether act or omission constitutes child abuse depends on properly formulated statement of claim yet to be prepared — Unclear whether the limitation defence would be pleaded — Unclear whether any extension of time would be sought — Further facts relating to the limitation period to be received — Determination of issue premature Legislation Cited: Civil Liability Act 2002 ss 3B, 5B, 5D Crimes Act 1900 ss 63, 78 Limitation Act 1969 ss 6A, 51 Uniform Civil Procedure Rules 2005 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Benic v State of New South Wales [2010] NSWSC 1039 Croft v R [2021] NSWCCA 146 Garzo v Liverpool/Campbelltown Christian School [2012] NSWCA 151 Gibson v Parkes District Hospital (1991) 26 NSWLR 9 PM v The Council of Trinity Grammar School [2020] NSWSC 1353 PWJ1 v The State of New South Wales [2020] NSWSC 1235 Sullivan v Moody (2001) 207 CLR 562; [2001] HCA 59 Tapp v Australian Bushman's Campdraft & Rodeo Association Ltd [2022] HCA 11; 96 ALJR 337 Uniting Church in Australia Property Trust (NSW) v Miller; Miller v Lithgow City Council (2015) 91 NSWLR 752; [2015] NSWCA 320 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514; [1992] HCA 55 Texts Cited: Not applicable Category: Procedural rulings Parties: MTH (P) State of New South Wales (D1) Joe Croft (D2) Sandra Croft (Respondent) Representation: Counsel: Self-Represented (P) C Faunt (D1) M Davis (D2) P Tierney (Respondent)