Box v State of New South Wales [2019] NSWSC 863

Supreme Court New South Wales

Medium Neutral Citation: Box v State of New South Wales [2019] NSWSC 863 Hearing dates: 8 July 2019 Date of orders: 08 July 2019 Decision date: 08 July 2019 Jurisdiction: Common Law Before: Garling J Decision: (1) The Notice of Motion dated 21 June 2019 is dismissed; (2) Order the plaintiff to pay the defendant's costs of the Notice of Motion; (3) Order that the plaintiff serve any proposed Amended Statement of Claim on the defendant by 4pm, 26 July 2019; (4) Order that by 6 August 2019, the defendant notify the plaintiff of whether it consents or opposes the filing of the proposed Amended Statement of Claim; (5) Order that in the event that the defendant opposes the filing of the Amended Statement of claim, the plaintiff is to file a Notice of Motion seeking leave to file the proposed Amended Statement of claim by 4pm, 13 August 2019; (6) Grant leave for the Notice of Motion to be returnable before me at 9.30am on 23 August 2019; (7) Stand the proceedings over for directions before Garling J on 23 August 2019 at 9.30am and for the hearing of any Notice of Motion; (8) Grant the parties liberty to apply; (9) Direct that the time any documents are served or filed, a copy is to be provided to my chambers. Catchwords: CIVIL PROCEDURE — Pleadings — Leave to file Amended Statement of Claim – requirements for adequate pleadings of a cause of action in negligence – s5B and s5D of the Civil Liability Act –where proposed pleading is not proper Legislation Cited: Civil Liability Act 2002 Child Welfare Act 1939 Cases Cited: Benic v State of NSW [2010] NSWSC 1039 Garzo v Liverpool/Campbelltown Christian School [2012] NSWCA 151 Uniting Church in Australia Property Trust (NSW) v Miller [2015] NSWCA 320 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Gary Box (P) State of New South Wales (D) Representation: Counsel: K Balendra (P) N Newton (State)