Strange v Turnbull [2017] NSWSC 1363

Supreme Court New South Wales

Medium Neutral Citation: Strange v Turnbull [2017] NSWSC 1363 Hearing dates: 28 September 2017 Decision date: 11 October 2017 Jurisdiction: Common Law Before: R A Hulme J Decision: 1. Pursuant to rule 13.1 of the Uniform Civil Procedure Rules, judgment for the plaintiff with respect to the claim made in the Second Further Amended Statement of Claim based upon negligence with damages to be assessed. 2. Dismiss the plaintiff's application for summary judgment in respect of assault and false imprisonment. Catchwords: CIVIL PROCEDURE – application for summary judgment – no significant dispute between facts in plaintiff's evidentiary statement and that relied on by defendant – summary judgement for negligence claim not opposed by defendant – opposed for intentional torts – intent to cause harm denied – prospect of psychiatric evidence bearing on deliberateness – not a sufficiently clear case that no triable issue – application dismissed for summary judgment in assault and false imprisonment claims Legislation Cited: Civil Liability Act 2002 (NSW) s 3B(1)(a) Crimes Act 1900 (NSW) s 23A Uniform Civil Procedure Rules 2005 (NSW) r 13.1 Cases Cited: Agar v Hyde [2000] HCA 41; 201 CLR 552 Cowell v Corrective Services Commission of New South Wales (1988) 13 NSWLR 714 Croucher v Cachia [2016] NSWCA 132 Dey v Victorian Railways Commissioners [1949] HCA 1; 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; 112 CLR 125 Ruddock v Taylor [2003] NSWCA 262; 58 NSWLR 269 Ruddock v Taylor [2005] HCA 48; 222 CLR 612 Spellson v George (1992) 26 NSWLR 666 Spencer v The Commonwealth [2010] HCA 28; 241 CLR 118 Theseus Exploration N.L. v Foyster [1972] HCA 41; 126 CLR 507 Webster v Lampard [1993] HCA 57; 177 CLR 598 Texts Cited: Clerk & Lindsell on Torts, (21st ed 2014, Sweet & Maxwell) Dominic Villa, Annotated Civil Liability Act 2002 (NSW), (2nd ed 2013, Lawbook Co.) Halsbury's Laws of Australia Category: Principal judgment Parties: Robert John Strange (Plaintiff) Robeena June Turnbull and Grant Wesley Turnbull as executors for the estate of the late Ian Robert Turnbull (Defendant) Representation: Counsel: Mr E Romaniuk SC with Mr L Judd (Plaintiff) Mr T Alexis SC (Defendant)