AGL Energy Ltd v Hammond; Hammond v AGL Energy Ltd

[2015] NSWLC 15

Local Court

New South Wales

Medium Neutral Citation:

AGL Energy Ltd v Hammond; Hammond v AGL Energy Ltd [2015] NSWLC 15

Hearing dates:

23 June 2015

Decision date:

08 July 2015

Jurisdiction:

Civil

Before:

Buscombe LCM

Decision:

1. In so far as the first respondent is concerned, the amended statement of claim is struck out;

2. In so far as the second respondent is concerned, in so far as her claim is brought in negligence, the amended statement of claim is struck out; and

3. In so far as the notice motion to strike out the amended statement of claim is concerned, there is to be an order that the first respondent is to pay one half of the applicants’ costs on the ordinary basis. In so far as between the applicants and the second respondent, there is no order as to costs. The applicants succeeded completely against the first respondent and partially against the second respondent. I consider in these circumstances that a proper exercise of the costs discretion results in the above costs order.

Catchwords:

NOTICE OF MOTION - strike out application - whether statement of claim disclosed reasonable cause of action - breach of privacy - negligence - stay application upon provision of security for costs - application to set aside subpoena for production - whether issuing of subpoena constituted abuse of process

Legislation Cited:

Civil Liability Act 2002 (NSW), ss 31, 32, 67
Commonwealth Electoral Act 1918 (Cth), ss 90B, 91B
District Court Act 1973 (NSW), s 156
Evidence Act 1995 (NSW)
Service and Execution of Process Act 1992 (Cth)
Uniform Civil Procedure Rules 2005 (NSW), rr 14.28, 36.3, 42.21

Cases Cited:

Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63; 208 CLR 199
Florida Investments Pty Ltd v Milstern (Holdings) Pty Ltd [1972] WAR 148
General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; 112 CLR 125
Maynes v Casey [2011] NSWCA 156
Maynes v Casey [2011] HCASL 173
Philips Electronics Australia Pty Ltd v Matthews [2002] NSWCA 157; 54 NSWLR 598
Spencer v Commonwealth of Australia [2010] HCA 28; 241 CLR 118
Transocean Capital Pty Ltd v AFSIG Pty Ltd [2006] NSWSC 806

Category:

Procedural and other rulings

Parties:

AGL Energy Ltd (first applicant/defendant)
Midstate Creditcollect Pty Ltd (second applicant/defendant)

Patrick Hammond (first respondent/plaintiff)
Tracie Hammond (second respondent/plaintiff)

Representation:

Counsel:
Mr Davis (for the applicants/defendants)

Solicitors:
MCC Legal (for the applicants/defendants)

First respondent/plaintiff in person
Second respondent/plaintiff in person

File Number(s):

2013/334830

Publication restriction:

Nil

judgment

1. On 23 June 2015 I heard two notices of motion concerning these proceedings while on circuit at Katoomba. Argument concluded at 4.10 pm and I reserved my decisions and indicated I would arrange for either the presiding magistrate or the registrar to hand down my written decision on 8 July 2015 pursuant to r 36.3 of the Uniform Civil Procedure Rules 2005 (NSW) (“UCPR”).

2. One notice of motion by the applicants, the defendants in these proceedings, was to strike…