Hendi v Commonwealth of Australia; Ghasemi v Commonwealth of Australia [2017] NSWSC 1109

Supreme Court New South Wales

Medium Neutral Citation: Hendi v Commonwealth of Australia; Ghasemi v Commonwealth of Australia [2017] NSWSC 1109 Hearing dates: 17 August 2017 Decision date: 22 August 2017 Jurisdiction: Common Law Before: Adamson J Decision: See par [23] Catchwords: PRACTICE AND PROCEDURE – claim for damages for negligence – application for leave to amend pleading – where proposed amendments to pleadings in respect of child plaintiffs to bring particulars of duty into line with particulars of breach alleged – HELD – serial default in compliance with directions of Court – expert evidence served by plaintiff did not support any causal connection between alleged deficiencies in education or recreation provided to child plaintiffs while in detention and psychological or psychiatric harm alleged to have been suffered by them – no utility in allowing further particulars which enlarged case to extend to educational and recreational services and facilities – importance of avoiding further delay in bringing matter to hearing Legislation Cited: Civil Procedure Act 2005 (NSW), Pt 6 Migration Act 1958 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural and other rulings Parties: Asrin Hendi by her tutor Hamed Hendi (Plaintiff) Amir Hendi by his tutor Hamed Hendi (Plaintiff) Hamed Hendi (Plaintiff) Nasrin Ghasemi (Plaintiff) Commonwealth of Australia (Defendant) Serco Australia Pty Limited (First Cross-Defendant) International Health and Medical Services Pty Limited (Second Cross-Defendant) Representation: Counsel: R Royle (Plaintiffs) PS Jones (Defendant) SR Quang (First Cross-Defendant) A Dewing (Second Cross-Defendant)