Saville v Insurance and Care NSW [2023] NSWSC 1415

Supreme Court New South Wales

Medium Neutral Citation: Saville v Insurance and Care NSW [2023] NSWSC 1415 Hearing dates: 09 November 2023 Date of orders: 09 November 2023 Decision date: 09 November 2023 Jurisdiction: Common Law Before: Cavanagh J Decision: 1. The proceedings are dismissed pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW). 2. The plaintiff to pay the defendants' costs of the motion and the costs of the proceedings. Catchwords: CIVIL PROCEDURE – Alleged tort of good faith and fair dealing raised in the context of processing a worker's compensation claim – application to dismiss proceedings – where plaintiff is unrepresented – plaintiff failed to comply with earlier Court orders to file amended pleading – causes of action untenable Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 7.36, 12.7, 13.4, 14.6-14.8 Cases Cited: Carvanna v State of New South Wales [2022] NSWSC 594 CGU Workers Compensation (NSW) Limited (ACN 003 181 002) v Garcia (2007) 69 NSWLR 680; [2007] NSWCA 193 General Steel Industries Inc v Commissioner of Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Gibson v Parkes District Hospital (1991) 26 NSWLR 9 Penthouse Publications Ltd v McWilliam (Court of Appeal (NSW), 14 March 1991, unrep) Saville v Insurance and Care NSW [2022] NSWSC 1126 Category: Procedural rulings Parties: Glenda Saville (Plaintiff) Insurance and Care NSW (First Defendant) State Insurance Regulatory Authority (Second Defendant) AAI Limited t/as GIO – Agent for the NSW WorkCover Scheme (Third Defendant) Representation: Counsel: D F Villa SC with N Bentley (First and Second Defendants) B Epstein (Third Defendant)