Adam Todd & Anor v State of NSW & Ors [2007] NSWSC 751

New South Wales Supreme Court

CITATION : Adam Todd & Anor v State of NSW & Ors [2007] NSWSC 751 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 11 April 2007

JUDGMENT DATE : 6 July 2007

JURISDICTION : Common Law

JUDGMENT OF : Latham J

DECISION : 1. The plaintiffs' Notices of Motion of 31 October 2006 and 8 March 2007 are dismissed; 2. The whole of the Amended Statement of Claim is struck out pursuant to UCPR 14.28; 3. The plaintiffs to pay the costs of the First, Second, Third and Fifth Defendants on the Notices of Motion filed 12 February, 1 March and 9 March 2007; 4. The Summons and First Amended Summons in proceedings 13775/06 are struck out; 5. The plaintiffs have leave to file and serve a Statement of Claim in proceedings 13775/06 within seven days hereof. I note that the defendants to that Statement of Claim will be the First, Second, Sixth and Seventh Defendants named in the First Amended Summons ; 6. Proceedings commenced by way of such Statement of Claim are to be consolidated with proceedings 20119/06; 7. The proceedings against the Fourth and Fifth Defendants in 13775/06 are dismissed on the undertaking by the First and Second Defendants that no issue will be taken on the vicarious liability of their servants and/or agents.

CATCHWORDS : PROCEDURE - UCPR 14.28 - Applications to Strike Out Amended Statement of Claim - Application by plaintiffs to join a party - Prolix and repetitious pleadings.

Civil Procedure Act 2005 Law Reform (Vicarious Liability) Act 1983 LEGISLATION CITED : Crimes Act 1914 (Clth) Mental Health (Criminal Procedure) Act 1990 Injury Management and Workers Compensation Act 1998 Workplace Injury Management and Workers Compensation Act 1998