Cavar v Campbelltown Catholic Club Limited (No 2) [2023] NSWSC 1272

Supreme Court New South Wales

Medium Neutral Citation: Cavar v Campbelltown Catholic Club Limited (No 2) [2023] NSWSC 1272 Hearing dates: 10 July 2023; on the papers Decision date: 27 October 2023 Jurisdiction: Common Law Before: Rothman J Decision: The Court makes the following orders in proceedings 2023/109930: (1) The proceedings are dismissed pursuant to r 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW). (2) The plaintiff is to pay the defendant's costs of and incidental to the proceedings forthwith. The Court makes the following orders in proceedings 2023/122883: (1) The plaintiff's claim, to the extent it relates to professional negligence or work-related injury or defamation is dismissed pursuant to r 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW). (2) The Amended Statement of Claim is otherwise struck out pursuant to r 14.28(1) of the Uniform Civil Procedure Rules 2005 (NSW). (3) The plaintiff is granted leave to file a Further Amended Statement of Claim confined to a claim for invasion or breach of privacy. (4) Any Further Amended Statement of Claim is to be filed and served within 28 days of the date of this order or such other time as may be allowed as a result of any established delay in obtaining or receiving legal advice. (5) The defendant is to file a Defence to any Further Amended Statement of Claim within 28 days of being served with the Further Amended Statement of Claim or file any further Motion in relation thereto within 14 days of the service of said pleading. (6) The proceedings are listed for directions in the Defamation List on Friday, 24 November 2023. (7) The plaintiff is to pay forthwith the defendant's costs of and incidental to its Motion and any costs thrown away as a result of these orders. Catchwords: CIVIL PROCEDURE – Summary disposal – dismissal of proceedings – no concerns notice before commencement of defamation proceedings – personal injury – psychiatric harm arising from termination of employment – settlement and release prohibits – claim on breach of privacy – embarrassing and not adequately or appropriately pleaded – proceedings dismissed except in relation to privacy issue on which leave to re-plead granted after proceedings dismissed Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW), ss 56(1), 101 Defamation Act 2005 (NSW), Pt 3, Div 1, ss 6, 8, 35, 40.(1)(2)(a) Fair Work Act 2009 (Cth) Personal Injury Proceedings Act 2002 (NSW) Privacy Act 1988 (Cth), ss 52, 52(1), 58, 59, 62, 65, 96 Privacy and Personal Information Protection Act 1998 (NSW) – Part 2 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28, 14.30(2), 15.2,15.5, 15.8, 19.1(1), 19.1(2), 19.4, 19.4(2), 19.5, 35.05, 36(1) 36.7 Workers Compensation Act 1987 (NSW), ss 9(1), 11A, 151E, 151H(1) Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 250(1), 280A, 313 Cases Cited: Baini v Liberal Party of Australia NSW Division [2023] NSWSC 837 Banque Commerciale SA, En Liquidation v Akhil Holdings Ltd (1990) 169 CLR 279; [1990] HCA 11 Brimson v Rocla Concrete Pipes Ltd [1982] 2 NSWLR 937 Clarke v GEO Australia Pty Limited [2023] NSWSC 716 Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd (2006) 229 CLR 577; [2006] HCA 55 Cox v Journeaux (No 2) (1935) 52 CLR 713; [1935] HCA 48 Ex parte Hoyts Corporation Pty Ltd (1991) 173 CLR 78; [1991] HCA 31 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 McGuirk v University of New South Wales [2009] NSWSC 1424 Mutual Life & Citizens' Assurance Co Ltd v Evatt (1968) 122 CLR 556; [1968] HCA 74 Oceanic Life Ltd v Chief Commissioner of Stamp Duties (1999) 168 ALR 211; [1999] NSWCA 416 Seidler v Carrol & O'Dea [2013] NSWSC 338 Spellson v George (1992) 26 NSWLR 666; [1992] NSWCA 254 Tooheys Ltd v Commissioner of Stamp Duties (NSW) (1961) 105 CLR 602; (1961) HCA 35 Wattyl Australia Pty Limited v McArthur (2008) 74 NSWLR 229; [2008] NSWCA 326 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 Texts Cited: P W Taylor SC, Ritchie's Uniform Civil Procedure NSW (looseleaf, Lexis Nexis Australia) at [UCPR 13.4.2] Category: Procedural rulings Parties: Celija Cavar (Plaintiff) Campbelltown Catholic Club Limited (Defendant) Representation: Counsel: C Cavar (Self-represented – Plaintiff) J Sukkar (Defendant)