Saad v Chubb Security Australia Pty Limited, t/as, Chubb Security & Anor [2012] NSWSC 1183

Supreme Court New South Wales

Medium Neutral Citation: Saad v Chubb Security Australia Pty Limited, t/as, Chubb Security & Anor [2012] NSWSC 1183 Hearing dates: 6 and 18 October 2011; written submissions 17 October, 10 November, 9 December 2011 Decision date: 04 October 2012 Jurisdiction: Common Law Before: Hall J Decision: 1.1) On the Notice of Motion filed by the first defendant (Chubb): (i) Order that the plaintiff's claim against the first defendant in defamation is struck out. (ii) The application of Chubb to strike out the plaintiff's cause of action in negligence is dismissed. Leave is granted to the plaintiff to amend and replead the cause of action in negligence in proper form. 1.2) On the plaintiff's Notice of Motion filed on 14 July 2011: (i) An order granting leave to the plaintiff to amend the Statement of Claim to include a cause of action against the first defendant based upon breach of confidence. (ii) The application to amend the Statement of Claim to include causes of action for intentional infliction of harm and harassment is dismissed. 2.1) On the plaintiff's Notice of Motion filed on 14 July 2011: (i) Leave is granted to the plaintiff to amend the Statement of Claim to plead a cause of action against the second defendant (CBA) based on breach of confidence. (ii) The plaintiff's application to amend the Statement of Claim to include causes of action for intentional infliction of harm and harassment is dismissed. 2.2) On the Notice of Motion filed on behalf of the second defendant (CBA) and subject to Order in 2.1 above: (i) The plaintiff's claim on the cause of action in defamation is struck out. (ii) The plaintiff's claim on the cause of action in negligence is struck out. 3)On the plaintiff's Notice of Motion dated 29 September 2011 (unfiled) leave is granted to the plaintiff to file the Notice of Motion in the Registry. Leave granted to approach the Registrar for allocation of a hearing date in the event that subpoenas referred to in the Notice of Motion have not been complied with. 4)The plaintiff's Notice of Motion filed on 9 May 2011 for an order amending the Statement of Claim to specify imputation is dismissed. 5)Liberty to the second defendant, CBA, to apply in respect of particulars of claim as sought in its Notice of Motion filed on 13 April 2011. 6)Liberty to the plaintiff to apply in respect of orders sought in its amended Notice of Motion dated 29 September 2011 in respect of [3] and [4] therein. 7)Liberty to the parties to apply in relation to costs. Catchwords: PRACTICE AND PROCEDURE - Pleading of causes of action in negligence and defamation - first defendant in its capacity as contractor provided security services to second defendant who was the plaintiff's employer - first defendant captured and recorded by CCTV video images of the plaintiff on premises of second defendant - images of the plaintiff published on Facebook.