Nyx v State of Queensland

The case of Nyx v State of Queensland involved the plaintiff, Nyx, who sought damages for personal injury from the State of Queensland, alleging she had been sexually assaulted by male relatives and acquaintances. The plaintiff claimed a breach of both statutory and common law duties by the defendant. The defendant sought to have the plaintiff’s pleadings struck out, arguing that the pleadings did not disclose a reasonable cause of action.

The legal issues before the court were whether the plaintiff's pleadings disclosed a reasonable cause of action for damages for personal injury, and whether the plaintiff could be granted leave to replead if the pleadings were struck out. Specifically, the court had to determine if an alleged breach of common law duty of care and a breach of statutory duty could give rise to a claim for damages for personal injury.

The court found that the pleadings did not disclose a reasonable cause of action. It determined that the plaintiff's claim based on a statutory duty was not valid, and therefore, the pleadings were struck out without leave to replead in relation to that cause of action. However, the court granted the plaintiff leave to replead the remaining causes of action except those based on statutory duty. The plaintiff was also ordered to pay the defendant’s costs associated with various applications made during the proceedings. The parties were further granted liberty to apply for a different order for costs.

The court's orders included striking out the pleadings filed on 14 March 2024 and 31 March 2025, denying leave to replead a cause of action based on statutory duty, and allowing leave to replead other causes of action. Additionally, the plaintiff was ordered to pay the defendant's costs associated with the applications, with the option for the parties to apply for a different order for costs.