Vicharra v Ford & Ors. [2023] NSWSC 458

Supreme Court New South Wales

Medium Neutral Citation: Vicharra v Ford & Ors. [2023] NSWSC 458 Hearing dates: 02 May 2023 Date of orders: 02 May 2023 Decision date: 02 May 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) Order that, as against the second defendant, the amended statement of claim filed 14 October 2022 be struck out pursuant to r 14.28(1) of the Uniform Civil Procedure Rules 2005 (NSW). (2) Order that the plaintiff pay the second defendant's costs of, and incidental to, the notice of motion dated 28 November 2022, and of the proceedings. (3) Order that the proceedings, as against the remaining defendants, be listed for directions before the Common Law Registrar on 1 June 2023. (4) Direct that the plaintiff file an affidavit of service in connection with the service of the amended statement of claim upon the first, third, fourth, fifth and sixth defendants or, if the amended statement of claim has not been served on all or any of them, an affidavit to that effect by 25 May 2023, 5 PM. (5) Note: The Court will send a Notice of Orders Made to the plaintiff. Catchwords: CIVIL PROCEDURE – pleadings – whether pleadings disclose a reasonable cause of action – pleadings struck out Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (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 Category: Procedural rulings Parties: Erika Judith Vicharra (plaintiff/respondent) (self-represented) Simon Ford (first defendant) South Eastern Sydney Local Health District trading as Prince of Wales Hospital (second defendant/applicant) David Armour (third defendant) Rebecca Armour (fourth defendant) Frank husband of Rebecca Armour at present (fifth defendant) Dina Tsimbas (sixth defendant) Representation: Counsel: Mr SM Kettle (second defendant/applicant)