Styles v Clayton Utz [2011] NSWSC 1022

Supreme Court New South Wales

Medium Neutral Citation: Styles v Clayton Utz [2011] NSWSC 1022 Hearing dates: 7 June 2011 30 June 201126 August 2011 Decision date: 05 September 2011 Before: McCallum J Decision: Please note that these proceedings are presently listed for trial with a jury in February 2012. This judgment deals only with procedural matters. This version of the judgment has been redacted where indicated pending the conclusion of the jury's role in the trial. Plaintiff granted leave to file an amended statement of claim in accordance with these reasons; plaintiff's application to have parts of the defence struck out dismissed; defendants ordered to provide further particulars of the defence in accordance with these reasons; particulars 5(i)(e), (f) and (g) and paragraph 24(a) of the reply struck out. Catchwords: HUMAN RIGHTS - discrimination - sexual harassment and victimisation - unwelcome conduct of a sexual nature - how judged -requirement that the conduct be unwelcome to the complainant - vicarious liability - defence under s106(2) of the Sex Discrimination Act 1984

PROCEDURE - pleadings - application to have particulars struck out - application for leave to amend statement of claim Legislation Cited: Australian Human Rights Commission Act 1986 (Cth) Civil Procedure Act 2005 Federal Court Rules 1976 Jurisdiction of Courts (Cross Vesting) Act 1987 (Cth) Sex Discrimination Act 1984 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Aldridge v Booth (1988) 80 ALR 1 Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 (5 August 2009) Baldry v Jackson (1976) 1 NSWLR 19 Carson v John Fairfax & Sons Ltd [1993] HCA 31; (1993) 178 CLR 44 Clark v Ainsworth (1996) 40 NSWLR 463 Clyne v New South Wales Bar Association [1960] 104 CLR 186 Dye v Commonwealth Securities Ltd [2010] FCA 720 Dye v Commonwealth Securities Limited (No. 2) [2010] FCAFC 118 Elliott v Nanda [2001] FCA 418 Fraser-Kirk v David Jones [2010] FAC 1060 Gama v Qantas Airways Ltd (2006) 195 FLR 475 General Steel Industries Inc v Commissioner for Railways NSW (1964) 112 CLR 125 Hall v A & A Sheiban Pty Ltd [1989] 20 FCR 217 Horman v Distribution Group [2001] FMCA 52 Mitchell v Clayton Utz and Ors [2009] NSW ADT 266 Noble v Baldwin and Anor [2011] FMCA 283 O'Callaghan v Loder [1983] 3 NSWLR 89 Category: Interlocutory applications Parties: Bridgette Styles (plaintiff) The partners of Clayton Utz listed in the schedule to the statement of claim (defendants) Representation: S Chrysanthou and later C Howell (for the plaintiff) Kalantzis Lawyers from 22 July 2011 (for the plaintiff) File Number(s): 20011/066430 Publication restriction: As to naming persons referred to in argument in these proceedings, see judgment of McCallum J given 7 June 2011 and the non-publication order made that day as varied on 14 October 2011.