AR v State of New South Wales [2011] NSWSC 94

Supreme Court New South Wales

Medium Neutral Citation: AR v State of New South Wales [2011] NSWSC 94 Hearing dates: 17 August, 7 September, 21 September, 8 November 2010, 31 January 2011 Decision date: 02 March 2011 Before: Hislop J Decision: 1. The plaintiffs are to file and serve an amended statement of claim within 28 days from the date of this judgment. The defendant is to file and serve its defence to the amended statement of claim within 14 days of service of the amended statement of claim. The plaintiffs are to file and serve a reply, if required, within 14 days of service of the defence. 2. The defendant's application to strike out the plaintiffs' causes of action in negligence and breach of statutory duty in reliance upon Sullivan v Moody; Thompson v Connon is dismissed. 3. The plaintiffs' application to refer the matter to mediation at this stage is dismissed. 4. The plaintiffs' application to dismiss the defendant's notice of motion is dismissed. 5. The proceedings are stood over to 6 May 2011 before me for directions. 6. The costs of all applications are reserved. 7. Liberty to the parties to apply on three days notice. Catchwords: Common law - practice and procedure - litigants in person - deficient pleadings - strike out application. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Community Welfare Act 1972 (SA) Civil Procedure Act 2005 Cases Cited: Sullivan v Moody; Thompson v Connon [2001] HCA 59; (2001) 207 CLR 562 Ruddock v Taylor [2005] HCA 48, (2005) 222 CLR 612 at [140] General Steel Industries v Commissioner for Railways (NSW) (1964) 112 CLR 125 at 129 Bauskis v Thomson [2011] NSWSC 27 at [23] Category: Procedural and other rulings Parties: AR (1st Plaintiff) SS (2nd Plaintiff) Re Luke (3rd Plaintiff) Re Georgia (4th Plaintiff) The State of New South Wales (Defendant) Representation: Counsel: Plaintiffs: In person Defendant: G. Moore Solicitors: Defendant: Crown Solicitor's Office File Number(s): 2009/291716