Livestock Transport (Sydney) Pty Limited v Commonwealth of Australia [2011] NSWSC 7

Supreme Court New South Wales

Medium Neutral Citation: Livestock Transport (Sydney) Pty Limited v Commonwealth of Australia [2011] NSWSC 7 Hearing dates: 21 September 2010 Decision date: 02 February 2011 Jurisdiction: Common Law Before: McCallum J Decision: Application dismissed. Parties to be heard as to costs. Catchwords: PRACTICE AND PROCEDURE - Application to have defences struck out - Whether test in General Steel softened by s 56 of the Civil Procedure Act - Whether defence of statutory immunity of quarantine officer open to be raised by the Commonwealth Legislation Cited: Civil Procedure Act 2005, ss 56-58 Quarantine Act 1908 (Cth), s 82(1) Uniform Civil Procedure Rules 2005, r 14.28(1) Cases Cited: Coco v The Queen (1994) 179 CLR 427 Commonwealth v Griffiths [2007] NSWCA 370; 70 NSWLR 268 General Steel Industries Inc v Commissioner of Railways (NSW) [1964] HCA 69; 112 CLR 125 Halpin v Lumley General Insurance Ltd [2009] NSWCA 372 Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 Little v The Commonwealth (1947) 75 CLR 94 Oceanic Crest Shipping Company v Pilbara Harbour Services Pty Limited (1986) 160 CLR 626 Spencer v Commonwealth [2010] HCA 28 Category: Principal judgment Parties: Livestock Transport (Sydney) Pty Limited (Plaintiff) Commonwealth of Australia (Defendant) Representation: Counsel: RW Seton SC with G Gemmell (Plaintiff) R Weber SC with S Nixon (Defendant) Solicitors: Indemnity Legal Pty Limited (Plaintiff) Blake Dawson Lawyers (Defendant) File Number(s): 297821/2009