People with Disability Australia Incorporated v The Honourable Andrew Constance, Minister for Disability Services [2013] NSWSC 467

Supreme Court New South Wales

Medium Neutral Citation: People with Disability Australia Incorporated v The Honourable Andrew Constance, Minister for Disability Services [2013] NSWSC 467 Hearing dates: 20 - 21 February 2013 Decision date: 07 May 2013 Jurisdiction: Common Law Before: Davies J Decision: (1) The Points of Claim filed 8 February 2013 are struck out pursuant to r 14.28(1)(b) UCPR; (2) The Plaintiff is to file a Statement of Claim in conformity with this judgment by 4 June 2013. (3) The Plaintiff is to pay the Defendant's costs of the Notice of Motion. Catchwords: PROCEDURE - pleading - Points of Claim - novel claim - legislative duty on Minister - plaintiff seeks to enforce duty - disclaimer of reliance on administrative law remedies - need to plead material facts - jurisdictional basis for the claim - need for pleading to relate facts to basis of claim Legislation Cited: Community Services (Complaints, Reviews and Monitoring) Act 1993 Disability Services Act 1993 Supreme Court Act 1970 Uniform Civil Procedure Rules Cases Cited: Constantinidis v Kehagiadis [2011] NSWSC 974 Kirby v Sanderson Motors Pty Ltd [2002] NSWCA 44; (2001) 54 NSWLR 135 McGuirk v The University of New South Wales [2009] NSWSC 1424 People with Disability Australia Inc v Minister for Disability Services [2011] NSWCA 253 Plaintiff S157/2002 v Commonwealth [2003] HCA 2; (2003) 211 CLR 476 Public Service Association of South Australia Inc v Industrial Relations Commission (SA) [2012] HCA 25; (2012) 289 ALR 1 R v McAuley ex parte Fardell (1979) 41 FLR 267 R v Metropolitan Police Commissioner ex parte Blackburn [1968] 1 All ER 763 R v Milkboard; Ex parte Sanders [1961] VR 196 R v War Pensions Entitlement Appeal Tribunal; Ex parte Bott (1933) 50 CLR 228 Rahman v Dubs [2010] NSWCA 129 Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57; (2000) 204 CLR 82 Category: Interlocutory applications Parties: People with Disability Australia Incorporated (Plaintiff) The Honourable Andrew Constance, Minister for Disability Services (Defendant) Representation: Counsel: R Francois (Plaintiff) JK Kirk SC & R Graycar Solicitors: Gilbert & Tobin (Plaintiff) Crown Solicitors Office (Defendant) File Number(s): 2012/381137