Father Evans v State of NSW [2007] NSWSC 955

New South Wales Supreme Court

CITATION : Father Evans v State of NSW [2007] NSWSC 955

HEARING DATE(S) : 3/8/07

JUDGMENT DATE : 30 August 2007

JUDGMENT OF : Bell J at 1

DECISION : 1. The plaintiff is to provide answers to the first defendant's requests for further and better particulars of paragraphs 43(b)(ii); 43 (c)(i)&(ii) and 45 (d) of the FASOC in answer to requests Y6, 15, 18; Z3(a) – (b) 7[3(a)-(b)], 8[3(a)-(b)]; Z5, 7[5], 8[5] and BN4(a) – (b) within six weeks of to-days date; 2. Any plaintiff whose claim is to be further particularised by reason of the matters referred to in paragraphs 48 – 52 above is to supply the same within six weeks of to-day's date; 3. Otherwise paragraph 2 of the first defendant's amended notice of motion is dismissed

CATCHWORDS : Related claims in negligence - particulars

LEGISLATION CITED : Uniform Civil Procedure Rules 2005

CASES CITED : Sims v Wran (1984) 1 NSWLR 317

Father John Evans (Plaintiff) PARTIES : State of NSW (1st Defendant) Sydney Catchment Authority (2nd Defendant)

FILE NUMBER(S) : SC 20152/05

D Nock SC / R Odgers (Plaintiffs) COUNSEL : S Gregory / D Newton (1st Defendant) R Gambi (2nd Defendant)

McLachlan Childton Solicitors (Plaintiffs) SOLICITORS : General Insurance Law Department (1st Defendant) Wotton Kearney Solicitors (2nd Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

Thursday 30 August 2007

020152/05 - FATHER JOHN EVANS v STATE OF NEW SOUTH WALES AND ANOR

JUDGMENT 1 BELL J: The plaintiff, Father John Evans, sues the State of New South Wales as first defendant pursuant to the Crown Proceedings Act 1988 in respect of the acts and omissions of the National Parks and Wildlife Service (NPWS); the NSW Fire Brigade (NSWFB) and the NSWFB Commissioner; and the New South Wales Rural Fire Service (RFS), together with the Sydney Catchment Authority (SCA), a statutory corporation, as second defendant. His claim is brought in negligence and breach of statutory duty and arises out of damage to his property said to have been occasioned by a bushfire on Christmas Day 2001. 2 Father Evans' claim is one of 25 claims brought against the same defendants arising out of losses said to have been suffered as the result of the bushfire by persons who were residents of Warragamba, Silverdale and Mulgoa at the date of the fire. I will refer to the claims in the other 24 proceedings as the related proceedings. The pleadings are in common form and the same particulars of negligence and breach of statutory duty are relied on in each claim.