Hastwell v Harmers Workplace Lawyers [2023] NSWSC 654

Supreme Court New South Wales

Medium Neutral Citation: Hastwell v Harmers Workplace Lawyers [2023] NSWSC 654 Hearing dates: 14 June 2023 Date of orders: 15 June 2023 Decision date: 15 June 2023 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1) The plaintiff has leave to file an amended statement of claim in the form provided to the Court on 14 June 2023, except that: (a) The plaintiff is to remove any claim for anxiety, as distinct from depression. (b) The plaintiff is to remove any assertion of a breach of s 5O of the Civil Liability Act 2002 (NSW). (c) The plaintiff is to re-draft subparagraphs (a) to (f) of paragraph 16 of the proposed pleading so as to provide appropriate particulars of the risk of harm. (d) In re-drafting the particulars referred to in (c), the plaintiff has leave to insert the paragraph at a different place in the amended pleading. 2) The plaintiff is to file the amended statement of claim within 7 days of these orders 3) The defendant is to make any request for further and better particulars within 28 days of these orders. 4) The plaintiff is to respond to the request within 28 days of receipt of the request. 5) The defendant is to file a defence within 28 days of receipt of further and better particulars from the plaintiff. 6) Both parties have leave to restore the matter in respect of the adequacy of the particulars provided by the plaintiff on 48 hours' notice. 7) Subject to further order, the plaintiff is to pay the defendant's costs of both Notices of Motion except that those costs are not to include any costs associated with the preparation of the Defence filed on 1 August 2022. Catchwords: PLEADINGS – allegations of professional breach of duty – adequacy of the pleadings – limitation of personal injury claim – leave to re-plead part of the claim Legislation Cited: Civil Liability Act 2002 (NSW) ss 5B, 5O Limitation Act 1969 (NSW) Competition and Consumer Act 2010 (Cth), sch 2 – Australian Consumer Law s 60 Cases Cited: Badenach v Calvert [2016] HCA 18; 257 CLR 440 Dare v Pulham (1982) 148 CLR 658 Hastwell v Harmers Workplace Lawyers [2022] NSWSC 1620 Moore v Scenic Tours [2020] HCA 17; (2020) 268 CLR 326 State Government Insurance Commission v Sharpe (1996) 126 FLR 341 Category: Procedural rulings Parties: Plaintiff: Haydyn Hastwell Defendant: Harmers Workplace Lawyers Representation: Counsel: Plaintiff: J Polese Defendant: AJ Macauley