Barnes v Commonwealth of Australia

Link copied
Case Copied 51 min read

CITATION:Barnes v Commonwealth of Australia & Anor [2021] NTSC 30

PARTIES:GEOFFREY NOEL BARNES

v

COMMONWEALTH OF AUSTRALIA

AND

AUSTRALIAN INDIGENOUS MINISTRIES PTY LTD

TITLE OF COURT:  SUPREME COURT OF THE NORTHERN TERRITORY

JURISDICTION:  SUPREME COURT exercising Territory jurisdiction

FILE NO:2020-00570-SC

DELIVERED:  18 March 2021

HEARING DATE:  5 February 2021

JUDGMENT OF:  Luppino AsJ

CATCHWORDS:

Practice and Procedure – Strike out of pleadings which fail to disclose a cause of action – Strike out of pleadings which are embarrassing – When a pleading is embarrassing – Requirements of pleadings.

Practice and Procedure – Summary Judgment – Test to be applied in Summary Judgment applications.

Supreme Court Rules rr 13.02(1)(a) and (c), 13.02(2), 13.09, 23.01, 23.02.
Aboriginals Ordinance 1918 s 7.
Aboriginals Ordinance (No 2) 1953.
Welfare Ordinance 1953-1960 s 78.
Social Welfare Ordinance 1964 ss 12(b), 170.
Stamp Duty Ordinance 1978, section 11(b) and Schedule 2, para 9A(b).

LKAJ Two Pty Ltd v Squire Patton Boggs (AU) & Anor [2020] NTSC 45.
Monck v The Commonwealth of Australia [2017] NTSC 49.
Outback Civil Pty Ltd v Francis [2011] NTCA 3.
Ex parte Edmonds (1862) 45 ER 1273.
Vacuum Oil Co Pty Ltd v Wiltshire (1945) 72 CLR 319.
Jones v Matrix Partners Pty Ltd (2018) 354 ALR 436.
Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth (2019) 368 ALR 390.
Octavo Investments Pty Ltd v Knight (1970 144 CLR 360.
Pitard Consortium Pty Ltd & Ors v Les Denny Pty Ltd & Ors [2019] VSC 614.
Lemery Holdings Pty Ltd v Reliance Financial Services Pty Ltd (2008) 74 NSWLR 550.
Hewett v Court (1983) 149 CLR 639.
Re Suco Gold Pty Ltd (1983) 33 SASR 99.
Carlton Cricket and Football Social Club v Joseph [1970] VR 487.
Bradley Egg Farm v Clifford [1943] 2 All ER 378.
Dare v Pulham (1982) 148 CLR 658.
Benfield v Farebrother [2011] NTSC 65.
Weeks v Bennett (1921) 30 CLR 80.
RTA Pty Ltd & Orsv Brinko Pty Ltd & Ors [2012] NTSC 3.
Australian Automotive Repairers’ Association (Political Action Committee) Inc v NRMA Insurance Ltd [2002] FCA 1568.
Kondis v State Transport Authority [1984] 154 CLR 672.

REPRESENTATION:

Counsel:

Plaintiff:K Sibley

First Defendant:  J Ingrames

Second Defendant:  M Grove

Solicitors:

Plaintiff:Maurice Blackburn Lawyers

First Defendant:  Australian Government Solicitor

Second Defendant:  Ward Keller

Judgment category classification:  B

Judgment ID Number:                   Lup2102

Number of pages:  48

IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWIN

Barnes v Commonwealth of Australia & Anor [2021] NTSC 30

2020-00570-SC

BETWEEN:

GEOFFREY NOEL BARNES

Plaintiff

AND:

COMMONWEALTH OF AUSTRALIA         First Defendant

AND:

AUSTRALIAN INDIGENOUS MINISTRIES PTY LTD

Second Defendant

CORAM:  Luppino AsJ

REASONS

(Delivered 18 March 2021)

[1]   These proceedings relate to events that occurred between 1962 and 1974 when the Plaintiff was an infant residing at the Retta Dixon Home (the Home). The Home has local notoriety due to the allegations of historical abuse…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Barnes v Commonwealth of Australia and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2021] NTSC 30
Decision Date

CaseChat Overview and Summary

The proceedings in Barnes v Commonwealth of Australia & Anor [2021] NTSC 30 involved a claim by the Plaintiff, Geoffrey Noel Barnes, against the Commonwealth of Australia and Australian Indigenous Ministries Pty Ltd, based on the alleged sexual abuse of the Plaintiff as a child residing at the Retta Dixon Home between 1962 and 1974. The Plaintiff's claim against the Commonwealth was based on the Commonwealth's involvement in the funding, management, and supervision of the Home under Commonwealth laws, alleging a breach of a non-delegable duty of care. The claim against Australian Indigenous Ministries Pty Ltd was based on a trustee's right of indemnity, alleging that the company is the successor trustee of the AIM Trustees, who were involved in the operation of the Home at the relevant times. The defendants filed summons seeking orders for the strike out of certain paragraphs of the Plaintiff's Statement of Claim and, in the case of the Second Defendant, also seeking summary judgment.

The court considered the applications for strike out and summary judgment, focusing on whether the pleadings disclosed a cause of action and whether they were embarrassing. The court found that the Second Defendant's application for summary judgment should be dismissed as the Plaintiff's case was at least arguable. Regarding the applications for strike out, the court held that several paragraphs of the Pleading were defective and should be struck out, but allowed the Plaintiff an opportunity to re-plead. The court also found that the Commonwealth's application for strike out had mostly been made out, and ordered that the Pleading be struck out in its entirety, with leave for the Plaintiff to file an amended Statement of Claim. The court provided general comments on the pleading to assist the Plaintiff in properly setting out the case.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.