AB v State New South Wales [2014] NSWSC 81

Supreme Court New South Wales

Medium Neutral Citation: AB v State New South Wales [2014] NSWSC 81 Hearing dates: 23/07/2013 Decision date: 21 February 2014 Jurisdiction: Common Law Before: Garling J Decision: (1) Order, pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010, that there be no publication or other disclosure of the identity of the plaintiff, his daughter or of the second defendant school, or of any evidence or other material which would tend to reveal their identity. (2) Statement of Claim filed 11 December 2012 be, and hereby is, dismissed. (3) AB to pay the costs of the State of NSW of the proceedings. Catchwords: PROCEDURE - civil - summary disposal - dismissal - whether reasonable cause of action - whether claim that an authorised carer under Children and Young Persons (Care and Protection) Act 1988 is an employee of the State of NSW is reasonable - whether claim that indemnity from the State of NSW for loss or damage suffered by an authorised carer encompasses ordinary and usual expenses of rearing a child is reasonable

STATUTORY INTEPRETATION - Children and Young Persons (Care and Protection) Act 1988, s 147 - "loss or damage", "authorised carer", "caused by a child or young person"

WORDS AND PHRASES - "loss or damage" - Children and Young Persons (Care and Protection) Act 1988 s 147 Legislation Cited: Child Protection (Working with Children) Act 2012, Commission for Children and Young People Act, 1998 Court Suppression and Non-publication Orders Act 2010 Ombudsman Act 1974 Uniform Civil Procedure Rules Cases Cited: Agar v Hyde [2000] HCA 41; (2000) 201 CLR 552 Burton v Bairnsdale Shire [1908] HCA 57; (1908) 7 CLR 76 Carr v Western Australia (2007) 232 CLR 138 Eastman v The Queen (2000) 203 CLR 1 Harrison v Melhem (2008) 72 NSWLR 380 Dey v Victorian Railways Commissioners [1949] HCA 1; (1949) 78 CLR 62 Dossett v TKJ Nominees Pty Ltd (2003) 218 CLR 1 Fancourt v Mercantile Credits Ltd [1983] HCA 25; (1983) 154 CLR 87 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Kingston v Keprose Pty Ltd (No.3) (1987) 11 NSWLR 404 Nolan v Clifford (1904) 1 CLR 429 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Re Bolton; Ex Parte Beane (1987) 162 CLR 514 Ross v The Queen (1979) 141 CLR 432 Spencer v Commonwealth of Australia [2010] HCA 28; (2010) 241 CLR 118 Wik Peoples v Queensland (1996) 187 CLR 1 Wilson v State Rail Authority of New South Wales [2010] NSWCA 198 Category: Principal judgment Parties: AB (P) State of New South Wales (D1) The School (D2) Representation: Counsel: In person (P) M Allars (D1) Submitting appearance (D2) Solicitors: In person (P) NSW Crown Solicitor (D1) Emil Ford Lawyers (D2) (Submitting appearance) File Number(s): 2012/384382 Publication restriction: Suppression of parties' names