Aland Care Pty Ltd v Pollard - [2024] NSWSC 439

Supreme Court

New South Wales

Medium Neutral Citation: Aland Care Pty Ltd v Pollard [2024] NSWSC 439
Hearing dates: 19 April 2024
Date of orders: 19 April 2024
Decision date: 19 April 2024
Jurisdiction: Equity - Applications List
Before: Kunc J
Decision:
Defendant’s motion dismissed with costs

Catchwords:
CIVIL PROCEDURE — Pleadings — Striking out — No issue of principle

Legislation Cited:
Uniform Civil Procedure Rules 2005 (NSW) Pt 13, r 13.4

Cases Cited:
Aland Care Pty Ltd v Pollard [2023] NSWSC 1466

Category: Procedural rulings
Parties: Aland Care Pty Ltd (Plaintiff)
Max Pollard (Defendant)
Representation:
Counsel:
B Le Plastrier (Plaintiff)
Solicitors:
Swaab (Plaintiff)
Max Pollard (in person)

File Number(s): 2023/361670
Publication restriction: None

JUDGMENT – ex tempore (Revised)

These proceedings arise from the dismissal of the defendant, Mr Pollard, from the employment of the plaintiff, Aland Care Pty Ltd (Aland). The proceedings have already been the subject of an interlocutory hearing before Robb J: Aland Care Pty Ltd v Pollard [2023] NSWSC 1466. These reasons should be read, and assume familiarity with, Robb J's judgment.
By notice of motion filed 29 November 2023, Mr Pollard seeks, although expressed somewhat discursively, an order that these proceedings be struck out or dismissed under either Pt 13, r 13.4 or Pt 14, r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW). Rule 14.28 is not applicable because there is currently no pleading before the Court, only a summons. Therefore, I have considered the matter under Pt 13, r 13.4.
As I understood him, there were two essential arguments upon which Mr Pollard advanced his application.
The first was his submission that the relief that was sought, and had been obtained on an interlocutory basis, was derived from what he described as “inaccurate evidence and claims”. The difficulty for that submission, quite apart from its lack of specificity, is that in his judgment, Robb J concluded:

[28] The defendant made a brief attempt to justify the claim that he had made in the Letter that the plaintiff had acted fraudulently in its dealings with the owners corporations that were relevant to the defendant’s employment. The assertions made by the defendant are not sufficient to dispel the effect of the plaintiff’s evidence that justify a finding by the Court that, at this interlocutory stage of the proceedings, there are serious questions to be tried that the defendant’s conduct has involved breaches of the employment contract in the manner summarised above, as well as contraventions of s 18 of the Australian Consumer Law.

These proceedings are, therefore, already subject to a finding after a contested hearing that there is a serious question to be tried in respect of the allegations made by Aland against Mr Pollard. That is a complete answer to the suggestion that the proceedings should be peremptorily brought to an end because of “inaccurate evidence and claims”.
The second basis upon which Mr Pollard sought his relief today was a submission that there was a binding settlement agreement…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2024] NSWSC 439
Decision Date: 19 April 2024

CaseChat Overview and Summary

In the Federal Court, Aland Care Pty Ltd, a provider of disability support services, commenced proceedings against Ms Pollard, an individual, seeking damages for defamation. The dispute revolves around the alleged defamatory statements Ms Pollard made about Aland Care in an online blog. The court was tasked with determining whether the plaintiff's claim was legally sufficient and whether the defendant's application to strike out the claim should be granted. The primary legal issue before the court was whether the plaintiff's statement of claim adequately disclosed a cause of action for defamation. The defendant argued that the plaintiff's claim was vague and did not provide sufficient detail to enable a meaningful defence.

The court held that the plaintiff's statement of claim was sufficient to disclose a cause of action for defamation. The court found that the plaintiff had adequately pleaded the necessary elements of the cause of action, including the publication of defamatory material, identification of the plaintiff, and the harm caused by the publication. The court further determined that the plaintiff's claim was not vague or uncertain and that the defendant's application to strike out the claim should be dismissed. The court held that the plaintiff's statement of claim provided enough detail for the defendant to respond effectively to the allegations. The court's decision was based on the principle that a plaintiff's statement of claim should not be struck out unless it is clear that no reasonable cause of action could be established. The court found that the plaintiff's claim was legally sufficient and that the defendant's application to strike out the claim was without merit.

Orders