McGuirk v The University of New South Wales [2009] NSWSC 1424

New South Wales Supreme Court

CITATION : McGuirk v The University of New South Wales [2009] NSWSC 1424 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 12 June 2009

JUDGMENT DATE : 17 December 2009

JUDGMENT OF : Johnson J at 1

1. The Plaintiff is refused leave to file the proposed Amended Statement of Claim (MFI1). DECISION : 2. The Plaintiff is granted leave to replead claims for breach of contract, breaches of the Trade Practices Act 1974 (Cth), breaches of the Fair Trading Act 1987 (NSW), common law deceit, misfeasance in public office and conspiracy by way of an Amended Statement of Claim to be filed and served by 17 February 2010. 3. The Plaintiff is refused leave to replead claims for actions on the case (fraudulent conduct and breaches of the Protected Disclosures Act 1994), breach of statutory duty and negligence. 4. The Plaintiff is ordered to pay 75% of the Defendant's costs of this application.

CATCHWORDS : PRACTICE AND PROCEDURE - application for leave to amend pleading - multiple claims - breach of contract - breaches of Trade Practices Act 1974 (Cth) - breaches of Fair Trading Act 1987 (NSW) - fraudulent conduct - breaches of Protected Disclosures Act 1994 - breach of statutory duty - common law deceit - negligence - misfeasance in public office - common law conspiracy - whether amendments so obviously futile that leave to amend should be refused - embarrassing pleadings - whether no reasonable cause of action disclosed - leave to amend refused on pleading grounds - leave to replead granted for certain causes of action

Civil Procedure Act 2005 Trade Practices Act 1974 (Cth) LEGISLATION CITED : Fair Trading Act 1987 (NSW) Protected Disclosures Act 1994 Civil Liability Act 2002 Uniform Civil Procedure Rules 2005