Clarkson, In the matter of an application for leave to issue process

This matter concerned an application by the plaintiff, Clarkson, for leave to issue process against the defendant, the Commonwealth of Australia. The plaintiff sought to bring proceedings in the Supreme Court of New South Wales, alleging that the Commonwealth had breached its duty of care in relation to the plaintiff's employment. The application for leave was brought pursuant to s 11(1) of the *Lands Acquisition (Defence) Act 1918* (Cth).

The central legal issue before the Court was whether the plaintiff had established a *prima facie* case of negligence against the Commonwealth. Specifically, the Court had to determine if the material before it disclosed a sufficient basis to grant leave for the plaintiff to issue process, thereby allowing the substantive proceedings to commence. This involved assessing whether the plaintiff's allegations, if proven, would establish the necessary elements of a cause of action in negligence.

In his Honour's reasoning, Heydon J considered the principles governing applications for leave to issue process, particularly in circumstances where sovereign immunity might otherwise be a defence. His Honour noted that the plaintiff's claim was based on an alleged breach of a duty of care owed by the Commonwealth to its employee. However, his Honour found that the material provided by the plaintiff did not disclose a *prima facie* case of negligence. The allegations were too vague and lacked the specificity required to demonstrate that a duty of care was owed and, if so, that it had been breached in a manner that caused the plaintiff's alleged injuries.

Leave to issue process was accordingly refused.