DC v State of New South Wales (No 4); TB v State of New South Wales (No 4) [2013] NSWSC 207

Supreme Court New South Wales

Medium Neutral Citation: DC v State of New South Wales (No 4); TB v State of New South Wales (No 4) [2013] NSWSC 207 Hearing dates: 13/03/2013 Decision date: 18 March 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Leave is granted to both plaintiffs to file a second further amended statement of claim within seven days. (2) Costs are reserved. Catchwords: PROCEDURE - leave to file second amended statement of claim - victims of sexual abuse - action against State of NSW and case worker - claim of breach of duty - whether pleading of causes of action extends beyond that permitted by Court of Appeal Legislation Cited: Child Welfare Act 1939 Uniform Civil Procedure Rules 2005 Cases Cited: Commonwealth v Griffiths [2007] NSWCA 370 DC v State of New South Wales [2012] NSWSC 142 DC v State of New South Wales [2010] NSWCA 15 H 1976 Nominees Pty Ltd v Galli Ltd & Quarries Ltd (1979) 30 ALR 181 TB v State of New South Wales [2012] NSWSC 143 TB v State of New South Wales [2009] NSWSC 326 Category: Procedural and other rulings Parties: 2008/289325 DC (Plaintiff) State of New South Wales (First Defendant) Carolyn Quinn (Second Defendant)

2008/289326 TB (Plaintiff) State of New South Wales (First Defendant) Caroline Quinn (Second Defendant) Representation: Counsel: K Pryde (Plaintiffs) I Harvey (Defendants) Solicitors: Graham Jones Lawyers (Plaintiffs) Crown Solicitors (Defendants) File Number(s): 2008/289325; 2008/289326