Kwiatkowski v Plum Pictures Limited & Anor. [2023] NSWSC 165

Supreme Court New South Wales

Medium Neutral Citation: Kwiatkowski v Plum Pictures Limited & Anor. [2023] NSWSC 165 Hearing dates: 28 February 2023 Date of orders: 28 February 2023 Decision date: 28 February 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) Dismiss the second defendant's Notice of Motion filed 9 September 2022. (2) Order that the plaintiff provide particulars to the defendants identifying with precision, in connection with each and every reference to the phrase 'servants and/or agents' where it appears in the amended statement of claim filed 20 April 2022, the 'servants and/or agents' referred to, with such particulars to be provided on or before 14 March 2023, 5pm. (3) Order the second defendant to file and serve its defence to the amended statement of claim filed 20 April 2022 on or before 11 April 2023, 5pm. (4) Direct that the matter be listed for directions before the Common Law Registrar, specifically to include orders for the preparation of the defendants' evidence, on 18 April 2023. (5) Order that the costs of the second defendant's Notice of Motion be costs in the cause. (6) Vacate the directions hearing listed before the Common Law Registrar on 20 March 2023. Catchwords: CIVIL PROCEDURE – Summary disposal – Dismissal of proceedings – Whether pleadings disclose a reasonable cause of action Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Dey v Victorian Railways Commissioners (1949) 78 CLR 62; [1949] HCA 1 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Gunns Ltd v Meagher [2005] VSC 251 Hallmark Construction Pty Ltd v Brett Harford (2020) 294 IR 359; [2020] NSWCA 41 TNT Australia Pty Ltd v Christie (2003) 65 NSWLR 1; [2003] NSWCA 47 Williams v Metcash Trading Ltd [2019] NSWCA 94 Texts Cited: Nil Category: Procedural rulings Parties: Anne Kwiatkowski (plaintiff) Plum Pictures Limited (first defendant) Michelle Thomas t/a Rapid Environmental Response Unit (second defendant) Representation: Counsel: Mr A McQuillen (plaintiff) Mr A Hourigan (first defendant) Mr N Simone (second defendant)