Stewart v Ronalds & Anor [2009] NSWSC 455

New South Wales Supreme Court

CITATION : Stewart v Ronalds & Anor [2009] NSWSC 455

HEARING DATE(S) : 26 May 2009

JUDGMENT DATE : 27 May 2009

JUDGMENT OF : Fullerton J

1. Pursuant to rule 28.2 of the Uniform Civil Procedure Rules I order that the following questions be heard and determined separately and before any other question in the proceedings: (i) Are the plaintiff's claims in paragraphs 16 to 19 of the statement of claim justiciable? (ii) If so, was the plaintiff owed a duty of natural justice, as alleged in paragraphs 16 and 19 of the statement of claim? (iii) Was a duty of care at common law owed by the first defendant to the plaintiff as alleged in paragraph 12 of the statement of claim? DECISION : (iv) Do the plaintiff's claims in paragraphs 13 and 16 of the statement of claim impermissibly seek to call into question the contents of the report of the first defendant in a manner inconsistent with parliamentary privilege and Article 9 of the Bill of Rights 1688? 2. Pursuant to rule 1.21 of the Uniform Civil Procedure Rules I order that the proceedings be removed into the Court of Appeal. 3. I order that the orders made by Registrar Bradford on 14 May 2009 in accordance with orders 1 to 4 of the plaintiff's proposed short minutes of order of that day be vacated. 4. I order that the directions hearing in this matter listed in the Administrative Law List of the Common Law Division for 1 July 2009 be vacated. 5. I order that the costs of the motion be costs in the cause. 6. I grant leave for these orders to be entered forthwith.

CATCHWORDS : CONSTITUTIONAL LAW - Negligence - Questions for separate determination pursuant to rule 28.2 of the Uniform Civil Procedure Rules - Removal of matter to Court of Appeal pursuant to rule 1.21 of the Uniform Civil Procedure Rules