Anjoul v Shinwari [2015] NSWSC 1192

Supreme Court New South Wales

Medium Neutral Citation: Anjoul v Shinwari [2015] NSWSC 1192 Hearing dates: 24 August 2015 Date of orders: 29 September 2015 Decision date: 29 September 2015 Jurisdiction: Common Law Before: RS Hulme AJ Decision: (a) That there be decided separately from and before any trial of these proceedings the question whether Part 4 of the Civil Liability Act 2002, (NSW) applies to the Plaintiff's claim under the Compensation to Relatives Act 1897 (NSW). (b) Answer that question: "No. Part 4 of the Civil Liability Act 2002, (NSW) does not apply to the Plaintiff's claim under the Compensation to Relatives Act 1897 (NSW)." (c) Strike out paragraphs 34 to 82 of the Defence. (d) The Defendant to pay the Plaintiff's costs of and incidental to this application. Catchwords: INTERPRETATION - Civil Procedure Act – Applicability to Compensation to Relatives Act – operation of "arising out of". Legislation Cited: Civil Liability Act 2002 Compensation to Relatives Act 1897 Cases Cited: Taylor v The Owners Strata Plan No 11564 (2014) 88 ALJR 473 Government Insurance Office of NSW v RJ Green & Lloyd Pty Limited (1966) 114 CLR 437 Francis Travel Marketing Pty Ltd v Virgin Atlantic Airways Ltd (1996) 39 NSWLR 160 Speno Rail Maintenance Australia Pty Ltd v Hammersly Iron Pty Ltd (2000) 23 WAR 291 Category: Procedural and other rulings Parties: Tobei Anjoul by her tutor Therese Anjoul (Plaintiff) Mohammad Rahman Shinwari (Defendant) Representation: Counsel: DE Graham SC with R O'Keefe (Plaintiff) JM Morris SC with GE Babe (Defendant)