NSW Caselaw
New South Wales Supreme Court
CITATION : Simundic v University of Newcastle [2005] NSWSC 586
HEARING DATE(S) : 6 June 2005
JUDGMENT DATE : 22 June 2005
JURISDICTION : Common Law Division
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The plaintiff is to file and serve an application for an extension of time together with support affidavits within 2 months; (2) The matter is stood over to 23 August 2005 at 10.00am before Associate Justice Harrison for mention; (3) The plaintiff is to pay the defendant's costs thrown away by the adjournment granted on 8 February 2005 and the costs incurred by the amendment to the statement of claim, but otherwise the defendant is to pay the plaintiff's costs of the notice of motion to date.
CATCHWORDS : Dismiss statement of claim - duty of care between University and student
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 Victorian Railways Commisioners (1949) 78 CLR 62 CASES CITED : General Steel Industries Inc Commissioner for Railways (1964) 112 CLR 125 New South Wales v Lepore; Samin v Queensland; Rich v Queensland (2003) 212 CLR 511; (2003) 195 ALR 412; (2003) 77 ALJR 558; (2003) 24(3) Leg Rep 2; (2003 Aust Torts Reports 81-684; [2003] HCA 4 Webster & Anor v Lampard (1993) 177 CLR 598
Vesna Simundic (Plaintiff) PARTIES : University of Newcastle (Defendant)
FILE NUMBER(S) : SC 20372/2004
Mr M Kearney (Plaintiff) COUNSEL : Mr R Glasson (Defendant)
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