Lin v State of New South Wales [2023] NSWSC 953

Supreme Court New South Wales

Medium Neutral Citation: Lin v State of New South Wales [2023] NSWSC 953 Hearing dates: 14 August 2023 Date of orders: 14 August 2023 Decision date: 14 August 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) Order that the statement of claim filed 24 February 2023, the amended statement of claim filed 21 March 2023 and the amended statement of claim filed 14 April 2023 be struck out pursuant to r 14.28(1) of the Uniform Civil Procedure Rules 2005 (NSW). (2) Order that the plaintiff's "reply to notice of motion" filed 31 May 2023 be dismissed. (3) Order that the plaintiff pay the defendant's costs of, and incidental to, the notice of motion filed 25 May 2023 and the "reply to notice of motion" filed 31 May 2023. (4) Direct that any further application by the plaintiff for leave to file an amended statement of claim be filed and served by 11 September 2023, 5 pm. (5) Direct that any notice of motion filed in accordance with order 4 be listed for directions before the Common Law Registrar on 15 September 2023. (6) In the event that no notice of motion is filed by 11 September 2023, 5pm, order that the proceedings be dismissed under r 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW). Catchwords: CIVIL PROCEDURE – pleadings – whether pleadings disclose a reasonable cause of action – pleadings struck out Legislation Cited: Civil Procedure Act 2005 (NSW) Freedom of Information Act 1989 (NSW) Government Information (Public Access) Act 2009 (NSW) Mental Health Act 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Beckett v State of New South Wales [2015] NSWSC 1017 Clarke v State of New South Wales (No 4) [2015] NSWSC 1054 Dey v Victorian Railways Commissioners (1949) 78 CLR 62; [1949] HCA 1 Dickens v State of New South Wales (No 3) [2018] NSWSC 485 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Gunns Ltd v Meagher [2005] VSC 251 McGuirk v The University of New South Wales [2009] NSWSC 1424 Reeves v State of New South Wales [2010] NSWSC 611 Simmons v NSW Trustee and Guardian [2014] NSWCA 405 Ugur v Attorney-General for NSW [2019] NSWCA 86 Young v Hones [2013] NSWSC 580 Category: Procedural rulings Parties: Huai Ning Lin (plaintiff) (self-represented) State of New South Wales (defendant) Representation: Counsel: T Senior (defendant)