Rinne v Director-General of DET [2005] NSWSC 261

New South Wales Supreme Court

CITATION : Rinne v Director-General of DET [2005] NSWSC 261

HEARING DATE(S) : 29 March 2005

JUDGMENT DATE : 1 April 2005

JURISDICTION : Common Law Division

JUDGMENT OF : Master Harrison

DECISION : (1) The plaintiff's amended statement of claim filed 25 January 2005 is dismissed; (2) The plaintiff is to pay the defendant's costs as agreed or assessed.

CATCHWORDS : Dismiss Amended Statement of Claim

Anti Discrimination Act 1977 (NSW) - s 42D(2) LEGISLATION CITED : Supreme Court Rules 1970 (NSW) Part 13 r 5; Part 15 r 26

Air Services Australia v Zarb (NSWCA unreported, 26 August 1998) Dey v Victoria Railways Commissioners (1949) 78 CLR 62 CASES CITED : General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 Webster & Anor v Lampard (1993) 177 CLR 598

Jarmo Rinne (Plaintiff) PARTIES : Director-General Department of Education and Training (Defendant)

FILE NUMBER(S) : SC 20208/2004

Mr S Flanigan COUNSEL : (Defendant)

Mr J Rinne (Plaintiff in person)

Mr D McVey SOLICITORS : Department of Education and Training (Defendant)

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MASTER HARRISON

FRIDAY, 1 APRIL 2005

20208/2004 - JARMO RINNE v DIRECTOR-GENERAL DEPARTMENT OF EDUCATION AND TRAINING

JUDGMENT (Dismiss Amended Statement of Claim) 1 MASTER: The defendant by notice of motion filed 1 February 2005, seeks to have the plaintiff's amended statement of claim either struck out in whole or in part or dismissed. The defendant relied on two affidavits of Daniel McVey sworn 8 September 2004 and 17 February 2005. The plaintiff relied on a bundle of documents "Ex A" and sought to revive his notice of motion to strike out the defendant's notice of motion. 2 Previously, on 8 September 2004, the defendant had filed an identical notice of motion seeking to dismiss the statement of claim. On 15 November 2004 Assistant Deputy Registrar Howe made an order striking out the statement of claim and granted leave to the plaintiff to file an amended statement of claim (ASC) by 28 January 2005. On 25 January 2005 the plaintiff filed an ASC.