Miller v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2018] NSWSC 24

Supreme Court New South Wales

Medium Neutral Citation: Miller v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2018] NSWSC 24 Hearing dates: 11 December 2017 Date of orders: 02 February 2018 Decision date: 02 February 2018 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The plaintiff is to forward a new proposed further amended statement of claim to the defendant by 16 February 2018.

(2) The defendant is to notify plaintiff of its consent or the reasons for its objections by 2 March 2018.

(3) The notices of motion filed 7 August 2017 are stood over to Friday 16 March 2018 before Harrison AsJ at 10.00 am.

(4) Costs are reserved. Catchwords: PROCEDURE – order seeking to strike out paragraphs in proposed further amended statement of claim – whether proposed further amended statement of claim needs clarification – whether proposed further amended statement of claim offends UCPR 14.14 and 14.28 – proposed further amended statement of claim to be repleaded Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Banque Commerciale SA, En Liquidation v Akhil Holdings Limited [1990] HCA 11; 169 CLR 279 McGuirk v The University of New South Wales [2009] NSWSC 1424 Roads and Traffic Authority of NSW v Dederer [2007] HCA 42; 234 CLR 330 S1 v The Trustees of Marist Brothers [2016] NSWSC 970 The Commonwealth v Introvigne [1982] HCA 40; 150 CLR 258 Category: Procedural and other rulings Parties: James Mathew Miller (Plaintiff) The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle (Defendant) Representation: Counsel: JL Harrison (Plaintiff) L Gyles SC (Defendant)