Donaldson v Commonwealth of Australia [2011] NSWSC 423

Supreme Court New South Wales

Medium Neutral Citation: Donaldson v Commonwealth of Australia [2011] NSWSC 423 Hearing dates: 7 February 2011 & 13 May 2011 Decision date: 13 May 2011 Jurisdiction: Common Law Before: Davies J Decision: (1) The Plaintiff's Notice of Motion filed 23 November 2010 is dismissed. (2) Judgment for the Defendant in the proceedings. (3) The Plaintiff is to pay the Defendant's costs of the proceedings. Catchwords: PROCEDURE - application for default judgment - defence not filed in time but filed before application made - no default - application for summary dismissal - plaintiff unrepresented - no material facts pleaded - no particulars of fraud - no duty of care identified - plaintiff permitted to re-plead - amended pleading does not correct defects - proceedings dismissed. Legislation Cited: Administrative Decisions (Judicial Review) Act 1977 Civil Liability Act 2002 Disability Services Act 1986 Social Security Act 1991 Uniform Civil Procedure Rules 2005 Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Jones v Department of Employment [1989] QB 1 Sullivan v Moody (2001) 207 CLR 562 Texts Cited: Fleming, Law of Torts (LBC, 1998) 9th Ed Category: Principal judgment Parties: Kenneth Allan Donaldson (Plaintiff) Commonwealth of Australia (Defendant) Representation: Counsel: Plaintiff in person D J Duncan (Defendant) Solicitors: DLA Phillips Fox (Defendant) File Number(s): 2010/241346