JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: BICKER -v- AEGIS AGED CARE STAFF PTY LTD [2024] WADC 117
CORAM: STAUDE DCJ
HEARD: 17 DECEMBER 2024
DELIVERED : Ex tempore
PUBLISHED : 30 JANUARY 2025
FILE NO/S: CIV 1096 of 2022
BETWEEN: KELLIE BICKER
Plaintiff
AND
AEGIS AGED CARE STAFF PTY LTD
First Defendant
AEGIS AGED CARE MANAGEMENT PTY LTD
Second Defendant
AEGIS AGED CARE GROUP PTY LTD
Third Defendant
AEGIS HEALTH PTY LTD
Fourth Defendant
AEGIS HEALTH OPERATING PTY LTD
Sixth Defendant
BALMORAL AGED CARE GROUP PTY LTD
Seventh Defendant
Catchwords:
Practice and procedure - Pleadings - Rules of the Supreme Court 1971 (WA) O 20 r 19 - Strike out application by second defendant - Appeal from registrar's decision - Whether plaintiff required to plead factual basis for asserting that second defendant occupied or was in control of premises for purpose of Occupiers' Liability Act 1985 (WA) - Whether plaintiff required to plead factual basis for asserting that second defendant was in control of premises for purpose of s 22 of Occupational Safety and Health Act 1984 (WA) (repealed)
Practice and procedure - Pleadings - Rules of the Supreme Court 1971 (WA) O 20 r 7(5) - Observations on rule that pleadings be signed - Observations on requirement that there be a factual basis for pleading
Legislation:
Occupational Safety and Health Act 1984 (WA)
Occupiers' Liability Act 1985 (WA)
Result:
Appeal dismissed
Statement of claim struck out in part
Representation:
Counsel:
| Plaintiff | : | Mr T H Offer |
| First Defendant | : | Mr J J Sheldrick |
| Second Defendant | : | Mr J J Sheldrick |
| Third Defendant | : | No appearance |
| Fourth Defendant | : | No appearance |
| Sixth Defendant | : | No appearance |
| Seventh Defendant | : | No appearance |
Solicitors:
| Plaintiff | : | Peninsula Personal Injury Lawyers |
| First Defendant | : | Hall & Wilcox (Perth) |
| Second Defendant | : | Hall & Wilcox (Perth) |
| Third Defendant | : | Not applicable |
| Fourth Defendant | : | Not applicable |
| Sixth Defendant | : | Not applicable |
| Seventh Defendant | : | Not applicable |
Case(s) referred to in decision(s):
DM Drainage & Constructions Pty Ltd as Trustee for DM Unit Trust t/as DM Civil v Karara Mining Ltd [2014] WASC 170
English v Vantage Holdings Group Pty Ltd [2021] WASCA 47
Great Australian Goldmining Co v Martin (1877) 5 Ch D 1
Metaxas v Legal Profession Complaints Committee [2020] WASCA 27
Rossen v Airey [2012] WASCA 26
Stewart v Hames [2019] WASCA 127
Vantage Holdings Group Pty Ltd v Donnelly [No 4] [2019] WASC 398
Wright v David John Neale Lemon as executor of the estate of Michael John Maynard Wright [No 2] [2021] WASC 159
STAUDE DCJ:
[This decision was delivered extemporaneously on 20 December 2024 and edited from the transcript.]
This action involves a claim for damages for personal injury suffered by the plaintiff on 21 March 2019 when, in the course of her employment at premises described as the Aegis Aged Care Facility in Melville, the plaintiff slipped and fell on the wet floor of a kitchen and was injured.
The…
Keep reading for free
Create a free CaseChat account to read Bicker v Aegis Aged Care Staff Pty Ltd 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
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2024] WADC 117
- Decision Date
CaseChat Overview and Summary
The court held that the plaintiff was not required to plead a factual basis for the assertion that Aegis was the occupier or in control of the premises for the purposes of the Occupiers' Liability Act 1985 (WA). However, the plaintiff was required to plead a factual basis for asserting that Aegis was in control of the premises for the purposes of section 22 of the Occupational Safety and Health Act 1984 (WA). The court also held that the requirement that pleadings be signed was mandatory and that the failure to sign pleadings could be grounds for striking out the claim. The court dismissed the application for a strike out but warned the plaintiff to ensure that all future pleadings were signed.
The court ordered that the plaintiff's claim was to be struck out unless the plaintiff filed amended pleadings that included a factual basis for the assertion that Aegis was in control of the premises for the purposes of section 22 of the Occupational Safety and Health Act 1984 (WA) and that all future pleadings were signed. The court also ordered that the plaintiff pay Aegis's costs of the application.
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.