Sohailee v City Projects & Developments Pty Ltd [2019] NSWSC 1452

Supreme Court New South Wales

Medium Neutral Citation: Sohailee v City Projects & Developments Pty Ltd [2019] NSWSC 1452 Hearing dates: 18 October 2019 Date of orders: 18 October 2019 Decision date: 18 October 2019 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The motion is dismissed. (2) The second defendant to pay the plaintiff's costs of the motion. Catchwords: CIVIL PROCEDURE — pleadings — striking out — plaintiff limited to pre-filing statement under s 318 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) — whether amended statement of claim was "materially different" to proposed statement of claim forming part of pre-filing statement Legislation Cited: Civil Liability Act 2002 (NSW), s 5B Uniform Civil Procedure Rules 2005 (NSW), r 14.28 Workplace Injury Management and Workers Compensation Act 1998 (NSW), Pt 6 Div 3, ss 315, 316, 318 Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Hall v Ecoline Pty Ltd t/as Treetop Adventure Park [2018] NSWSC 1732 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Road Traffic Authority of NSW v Dederer (2007) 234 CLR 330; [2007] HCA 42 Texts Cited: Australian Concise Oxford Dictionary (4th ed, 2003) Category: Procedural and other rulings Parties: HD Projects Pty Ltd (Applicant/Second Defendant) Sohrab Sohailee (Respondent/Plaintiff) City Projects & Developments Pty Ltd (First Defendant) Representation: Counsel: Mr P Rickard (Applicant/Second Defendant) Mr J Sleight (Respondent/Plaintiff) Mr B Jones (First Defendant)