Saville v Insurance and Care NSW [2022] NSWSC 1126

Supreme Court New South Wales

Medium Neutral Citation: Saville v Insurance and Care NSW [2022] NSWSC 1126 Hearing dates: 10 March 2022 Decision date: 24 August 2022 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW), the Court strikes out the Statement of Claim in these proceedings; (2) The plaintiff has liberty to file an Amended Statement of Claim by 4:00 PM on 10 October 2022; (3) Pursuant to r 7.36 of the Uniform Civil Procedure Rules, the Court refers the plaintiff to the Registrar for referral to a barrister or solicitor on the Pro-Bono Panel for legal assistance of the following kind: (a) Advice in relation to the proceeding; (b) Representation at directions hearings, interlocutory and final hearings; (c) Drafting and settling of documents to be filed or used in the proceeding; and (d) Representation generally in the conduct of the proceedings; (4) The plaintiff shall pay the costs of each of the defendants incurred as a result of the Motions. Catchwords: CIVIL PROCEDURE – Motions to dismiss – alternatively to strike out Statement of Claim – unrepresented plaintiff – Statement of Claim embarrassing – pleading of cause of action, elements and material facts missing – proceedings not dismissed – pleading struck out – leave granted to file Amended pleading – comments on likelihood of re-pleading and overcoming issues raised Legislation Cited: Civil Liability Act 2001 (NSW), ss 32, 42, 43A State Insurance Governance Act 2015 (NSW), ss 10, 24 Workers Compensation Act 1987 (NSW), s 192A Cases Cited: CGU Workers Compensation (NSW) Ltd v Garcia [2007] NSWCA 193 Crimmins v Stevedoring Industry Finance Committee (1999) 200 CLR 1; [1999] HCA 59 Employer's Mutual Indemnity (Workers Compensation) Ltd v A Donald Pty Ltd [1997] NSWCA 102 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Graham Barclay Oysters Pty Ltd v Ryan (2002) 211 CLR 540; [2002] HCA 54 Category: Principal judgment Parties: Glenda Saville (Plaintiff / Respondent) Insurance and Care NSW (First Defendant / First Applicant on the First Motion) State Insurance Regulatory Authority (Second Defendant / Second Applicant on the First Motion) AAI Limited t/as GIO - Agent for the NSW WorkCover Scheme (Third Defendant / Applicant on the Second Motion) Representation: Counsel: Self-Represented (Plaintiff) D Villa SC (First and Second Defendant) B Epstein (Third Defendant)