Cromack v State of New South Wales [2024] NSWDC 320

District Court New South Wales

Medium Neutral Citation: Cromack v State of New South Wales [2024] NSWDC 320 Hearing dates: 25 July 2024 Date of orders: 5 August 2024 Decision date: 05 August 2024 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Dismiss the Notice of Motion filed by the defendant on 28 March 2024. (2) Order the defendant to pay the plaintiff's costs of and incidental to the Notice of Motion. Catchwords: CIVIL PROCEDURE – pre-filing statement – proposed statement of claim – whether court statement of claim is materially different from pre-filing statement of claim – not materially different – same allegations of negligence and cause of injury pleaded Legislation Cited: Crown Proceedings Act 1988 (NSW), s 5 Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 4, 282, 315, 316, 317, 318 Personal Injury Commission Rules 2021 (NSW), r 86(1) Uniform Civil Procedure Rules 2005 (NSW), r 35.6 Cases Cited: Hall v Ecoline Pty Ltd [2018] NSWSC 1732 Paper Coaters Pty Ltd v Jessop [2009] NSWCA 1 Sohailee v City Projects & Developments Pty Ltd [2019] NSWSC 1452 Toohey v Richard Crookes Constructions Pty Ltd [2023] NSWSC 805 Category: Procedural rulings Parties: Steven Cromack (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: P Mooney SC (Plaintiff) K Balendra (Defendant)