Simic v Bailey [2024] NSWSC 1076

Supreme Court New South Wales

Medium Neutral Citation: Simic v Bailey [2024] NSWSC 1076 Hearing dates: 23 August 2024 Date of orders: 23 August 2024 Decision date: 23 August 2024 Jurisdiction: Common Law Before: Chen J Decision: See [16] Catchwords: CIVIL PROCEDURE – Pleadings – Striking out – Application by first defendant that the proceedings be dismissed pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) or, alternatively, the pleading be struck out pursuant to r 14.28 – Application by the State of New South Wales to be joined as a defendant – Pleading struck out for failure to meet minimum requirements – Application for summary dismissal denied Legislation Cited: Crimes Act 1900 (NSW) Law Reform (Vicarious Liability) Act 1983 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Dickens v State of New South Wales (No 3) [2018] NSWSC 485 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71; (2013) 16 BPR 31,705 Spencer v Commonwealth (2010) 241 CLR 118; [2010] HCA 28 Young v Hones [2013] NSWSC 580 Category: Procedural rulings Parties: Ivan Simic (Plaintiff) Scott Bailey (First Defendant) Timothy Connolly (Second Defendant) Joshua Mabon (Third Defendant) State of New South Wales (Fourth Defendant) Representation: Solicitors: Plaintiff (self-represented) Carter Newell Lawyers (First Defendant) Wotton + Kearney (Fourth Defendant) File Number(s): 2024/00089564 Publication restriction: Nil