Maragol v Berry Patch Preschool Kellyville Ridge Pty Ltd [2024] NSWSC 1077

Supreme Court New South Wales

Medium Neutral Citation: Maragol v Berry Patch Preschool Kellyville Ridge Pty Ltd [2024] NSWSC 1077 Hearing dates: 6 February 2024 Date of orders: 26 August 2024 Decision date: 26 August 2024 Jurisdiction: Common Law Before: Rothman J Decision: (1) The Court strikes out paragraphs [8], [9], [11], [21] and [22] of the Statement of Claim filed 30 June 2022, pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 14.28. (2) The Plaintiffs shall pay the Second Defendant's costs of and incidental to the motion. Catchwords: Civil – Negligence – Breach - Duty of care – Novel categories - liability of nominated supervisor at a day care centre under the Children (Education and Care Services) National Law 2010 (NSW) Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 Children (Education and Care Services National Law Application) Act 2010 (NSW) Education and Care Services National Regulations 2011 (NSW) Civil Liability Act 2002 (NSW) Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Sullivan v Moody (2001) 207 CLR 562 Garzo v Liverpool/Campbelltown Christian School [2012] NSWCA 151 Uniting Church in Australia Property Trust (NSW) v Miller (2015) 91 NSWLR 752 Tapp v Australian Bushmen's Campdraft & Rodeo Association Ltd (2022) 273 CLR 454 Benic v State of NSW [2010] NSWSC 1039 MTH v State of NSW [2022] NSWSC 884 Category: Procedural rulings Parties: Jozef Isho Maragol (First Plaintiff) Anet Eyvaziansbabroudi (Second Plaintiff) Berry Patch Pre-School Kellyville Ridge Pty Limited (First Defendant) State of New South Wales (Second Defendant) Representation: Counsel: D Kelly (Plaintiffs) A Boydell (First Defendant) N Newton with Brigitte Challis (Second Defendant)