Chan v Sellwood; Chan v Calvert [2009] NSWSC 1335

New South Wales Supreme Court

CITATION : Chan v Sellwood; Chan v Calvert [2009] NSWSC 1335

HEARING DATE(S) : 2 October 2009

JUDGMENT DATE : 9 December 2009

JUDGMENT OF : Davies J

(1) In proceedings 20519/2008: (a) Judgment for the Defendant on the causes of action contained in paragraphs 46-55, 170-171, 172-175 and 176-180 of the Amended Statement of Claim filed 24 December 2008. (b) The remainder of the Amended Statement of Claim be struck out pursuant to Rule 14.28 UCPR. (c) The Plaintiff is to pay 90% of the Defendant's costs of the proceedings. DECISION : (2) In proceedings 20538/2008: (a) Judgment for the Defendant on the causes of action contained in paragraphs 123-137, 138-139, 140-143 and 144-148 of the Amended Statement of Claim filed 2 January 2009. (b) The remainder of the Amended Statement of Claim be struck out pursuant to Rule 14.28 UCPR. (c) The Plaintiff is to pay 90% of the Defendant's costs of the proceedings. (3) Proceedings 20519/2008 and 20538/2008 be consolidated pursuant to Rule 28.5 UCPR on the following basis: (a) The Defendant Glennis Sellwood in proceedings 20519/2008 become the First Defendant in those proceedings, (b) The Defendant Marian Calvert in proceedings 20538/2008 become the Second Defendant in proceedings 20519/2008, (c) Proceedings 20538/2008 be dismissed in their entirety. (4) Proceedings 20519/2008 be stood into the Defamation List on 14 December 2009 to enable consideration for the granting of leave to the Plaintiff to file a further Amended Statement of Claim in a form to be prepared by him for that purpose.

CATCHWORDS : PROCEDURE - judgments and orders - summary dismissal - strike out of pleading - claim by former student at TAFE against teachers and supervisors - claim based on breach of TAFE policies - tort of privacy - misfeasance in public office.