Daniels v State of New South Wales [2014] NSWSC 1256

Supreme Court New South Wales

Medium Neutral Citation: Daniels v State of New South Wales [2014] NSWSC 1256 Hearing dates: 5 September 2014 Decision date: 12 September 2014 Before: McCallum J Decision: Application to file amended statement of claim granted Catchwords: DEFAMATION - pleadings - application to amend statement of claim Cases Cited: Drummoyne v Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Category: Interlocutory applications Parties: Dr Christopher Sydney Daniels (plaintiff) State of New South Wales (defendant) Representation: Counsel: Plaintiff self-represented S Chrysanthou (defendant) Solicitors: IV Knight Crown Solicitor for NSW (defendant) File Number(s): 2014/145430 Publication restriction: None

Judgment 1HER HONOUR: These are proceedings for defamation commenced by a mathematics teacher, Dr Daniels, against the State of New South Wales arising out of the publication of a report assessing his teaching. 2The proceedings were commenced by statement of claim filed on 14 May 2014. The defendant raised a number of objections to that pleading. Dr Daniels represents himself and appears to have prepared the pleading without the benefit of legal advice. On 12 June 2014, on Dr Daniel's application, Harrison J made an order referring him to the pro bono scheme for legal assistance limited to advice in relation to the proceedings and the drafting or settling of pleadings. Having obtained advice pursuant to that referral, Dr Daniels has now filed a notice of motion dated 21 August 2014 seeking leave to join two further defendants and leave to file an amended statement of claim in the form attached to the notice of motion. 3The notice of motion also sought a further referral to the pro bono scheme for representation in the proceedings. That application was considered by Bellew J as duty judge, who made the order sought on 29 August 2014. However, I have ascertained that, owing to an administrative error, the further referral has not yet been effected. I have requested that omission to be rectified.