Macatangay v NSW Department of Education and Training

[2006] NSWSC 214

CITATION:	Macatangay v NSW Department of Education & Training [2006] NSWSC 214
HEARING DATE(S):	15 February 2006
JURISDICTION:	Civil
JUDGMENT OF:	McClellan CJatCL
EX TEMPORE JUDGMENT DATE:	02/15/2006
DECISION:	1. Statement of Claim struck out; 2. Grant leave to plaintiff to replead her claim in proper form; 3. Reserve costs
CATCHWORDS:	Civil claim - negligence in placing on a confidential register resulting in preclusion from employment - presentation of pleading in proper form - permission to replead
PARTIES:	Miguela Alvarez Macatangay (Pltf) NSW Dept of Education & Training (Def)
FILE NUMBER(S):	SC 20144/05
COUNSEL:	Plaintiff in person M K Minehan (Def)
SOLICITORS:	Plaintiff in person Hicksons (Def)

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

McCLELLAN CJ at CL

WEDNESDAY 15 FEBRUARY 2006

20144/05 MACATANGAY v NEW SOUTH WALES DEPARTMENT OF EDUCATION & TRAINING

JUDGMENT

1 HIS HONOUR: In this matter I yesterday entertained the plaintiff's motion for summary judgment. The motion was dismissed. This morning the defendant pressed its motion to have the proceedings dismissed by reason of the fact that the claim either involved a claim for compensation for a work injury, in which case proceedings should have been commenced in the Workers' Compensation Commission, or because the proceedings involved damages for wrongful dismissal which proceedings can only be brought in the Industrial Commission. In that respect, proceedings were brought in the Industrial Commission and compromised.

2 In the course of argument, however, it is apparent that the plaintiff put her case on yet another basis. The basis on which she has put the case this morning is that the defendant was negligent in placing her name on the confidential register which had the consequence that she could not in future be employed by the Department of Education and thereby she has suffered significant damage. That case, although capable of being decided in the present proceedings, which the plaintiff has herself drawn, is not presented in proper form. That is not surprising because, if pleaded, such a case would require the capacity and knowledge of an experienced lawyer.

3 After discussion between the parties, the plaintiff accepts that the current statement of claim should be struck out provided she is granted leave to replead which leave I would grant.

ORDERS:
1. Statement of Claim struck out.
2. Grant leave to plaintiff to replead her claim in proper form.
3. I direct that the statement of claim, as repleaded, is to be filed and served by close of business 29 March 2006.
4. S/O before McClellan CJ at CL 5 April 2006 at 9.15.
5. Reserve costs.