Hartnett v Trustees of the Roman Catholic Church Diocese of Wilcannia-Forbes [2023] NSWSC 1606

Supreme Court New South Wales

Medium Neutral Citation: Hartnett v Trustees of the Roman Catholic Church Diocese of Wilcannia-Forbes [2023] NSWSC 1606 Hearing dates: 06 December 2023 Date of orders: 06 December 2023 Decision date: 06 December 2023 Jurisdiction: Common Law Before: Garling J Decision: See [27] Catchwords: CIVIL PROCEDURE – pleadings – amendment – where plaintiff seeks to add vicarious liability claim and claim for aggravated and exemplary damages against first defendant – where aggravated damages claim arises from conduct of first defendant making "fraud allegations" – amendment ought be permitted unless there is no prospect of establishing entitlement to aggravated damages – matter is arguable – application for amendment granted Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural rulings Parties: Albert John Hartnett (P) Trustees of the Roman Catholic Church for the Diocese of Wilcannia-Forbes (D1) Trustee of the Marist Brothers (D2) Mercy Support Ltd (D3) Representation: Counsel: E Romaniuk SC / J Masur (P) M Robinson (D1) Z Brindle (D2) D Stretton (D3)

Solicitors: North Start Law (P) Dentons Australia Pty Ltd (D1) Carroll & O'Dea Lawyers (D2) Mills Oakley (D3) File Number(s): 2022/288425 Publication restriction: Not Applicable