Turnbull v Kyogle Council [2024] NSWSC 1297

Supreme Court New South Wales

Medium Neutral Citation: Turnbull v Kyogle Council [2024] NSWSC 1297 Hearing dates: 14 October 2024 Date of orders: 16 October 2024 Decision date: 16 October 2024 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. The defendant is not permitted to rely on the amended defence which is Annexure A to the affidavit of Matthew Gerathy dated 3 September 2024. 2. The parties have leave to make submissions on costs. Catchwords: CIVIL PROCEDURE — pleadings — amendment — application to rely on amended defence — where amended defence asserts that plaintiff's entitlement to common law damages is barred by his participation in the Motor Accidents (Lifetime Care and Support) Act 2006 (NSW) — plaintiff allowed to seek common law damages whilst at the same time being a lifetime participant of Motor Accidents (Lifetime Care and Support) Act 2006 (NSW) Legislation Cited: Civil Liability Act 2002 (NSW), s 15B(8) Motor Accident Injuries Act 2017 (NSW), Pt 4 Motor Accidents Compensation Act 1999 (NSW), Ch 5, ss 122, 130A, 131A, 141A Motor Accidents Compensation Amendment Bill Motor Accidents (Lifetime Care and Support) Act 2006 (NSW), ss 7, 8, 11B, 54 Motor Accidents (Lifetime Care and Support) Bill Cases Cited: Berowra Holdings Pty Ltd v Gordon (2006) 225 CLR 364; [2006] HCA 32 Bitupave Ltd v Bollington (1998) 28 MVR 223 Daly v Thiering [2013] NSWCA 25 Daly v Thiering (2013) 249 CLR 381; [2013] HCA 45 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Roads and Traffic Authority v Ryan (2005) 62 NSWLR 609; [2005] NSWCA 34 Rouse v Shepherd (1994) 35 NSWLR 250 Thiering v Daly [2011] NSWSC 1345 Category: Procedural rulings Parties: Mr Simon Charles Turnbull (Plaintiff) Kyogle Council (Defendant) Representation: Counsel: Mr D Hooke SC (Plaintiff) Mr G Radburn (Plaintiff) Dr S Hartford Davis (Plaintiff) Mr John Tryon (Plaintiff) Mr Jeremy Morris SC (Defendant) Mr Reno Gambi (Defendant)