Watches of Switzerland Pty Ltd v Transport for NSW (No. 2) [2018] NSWSC 1940

Supreme Court New South Wales

Medium Neutral Citation: Watches of Switzerland Pty Ltd v Transport for NSW (No. 2) [2018] NSWSC 1940 Hearing dates: 11 December 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) Paragraphs 3, 8, 9, 10, 12, 15, 16 and 17 of the Amended Reply filed 26 October 2018 are struck out pursuant to UCPR r 14.28.

(2) The plaintiff is given leave to file a Further Amended Reply by 31 January 2019.

(3) The plaintiff is to pay the defendant's costs of the motion.

(4) Stand over the proceedings for directions before Garling J on 8 February 2019. Catchwords: CIVIL PROCEDURE – pleadings – amended reply – striking out – tendency to cause prejudice, embarrassment or delay – UCPR r 14.14 – action in damages for public and private nuisance – onus of proof – where defendant relies on statutory authority and nuisance as inevitable consequence – whether pleadings were in accordance with previous judgment in respect of reply – where plaintiff did not seek to have previous judgment varied or overturned – where pleadings were so general that the defendant would not know in advance the case it had to meet – leave to re-plead granted Legislation Cited: Civil Liability Act 2002 (NSW) ss 42, 43, 43A Transport Administration Act 1988 (NSW) ss 104N, 104O Transport Administration (General) Regulation 2013 (NSW) cl 82A Uniform Civil Procedure Rules 2005 (NSW) rr 14.11, 31.16 Cases Cited: McGuirk v University of New South Wales [2009] NSWSC 1424 Roads and Maritime Services v Grant [2015] NSWCA 138 Watches of Switzerland Pty Ltd v Transport for NSW [2018] NSWSC 1256 York Bros (Trading) Pty Ltd v Commissioner of Main Roads [1983] 1 NSWLR 391 Texts Cited: Nil Category: Procedural and other rulings Parties: Watches of Switzerland Pty Ltd (Plaintiff) Transport for NSW (Defendant) Representation: Counsel: D Grieve QC & A Douglas-Baker (Plaintiff) J Kirk SC & M Astill (Defendant)