CITATION: Rouvinetis v Knoll & ors [2009] NSWSC 1212 HEARING DATE(S): 29 October 2009
JUDGMENT DATE :
19 November 2009JUDGMENT OF: R A Hulme J DECISION: Motion of first and third to twenty third defendants for summary dismissal is dismissed. Plaintiff's motion for trial by jury is dismissed. Leave granted to file further amended statement of claim. CATCHWORDS: PROCEDURE - judgments and orders - application for summary dismissal or striking out - TORTS - malicious procedure and false imprisonment - false imprisonment - TORTS - negligence - liability for others' negligence - independent contractors LEGISLATION CITED: Uniform Civil Procedure Rules 2005
Civil Liability Act 2002
Supreme Court Act 1970CATEGORY: Principal judgment CASES CITED: Agar v Hyde [2000] HCA 41; (2000) 201 CLR 552
Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87
Deu v Victorian Railways Commissiosners (1949) 78 CLR 61
Forge & Ors v Australian Securities & Investment Commission & Ors [2006] HCA 44; (2006) 228 CLR 45
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125
Leighton Contractors Pty Ltd v Fox; Calliden Insurance Limited v Fox [2009] HCA 35
Maroubra Rugby League Football Club v Malo [2007] NSWCA 39; (2007) NSWLR 496
McDonald v Coles Myer Limited, New South Wales Court of Appeal, 12 September 1995, unreported
Myer Stores Limited & Ors v Soo (1991) 2 VR 597
Rouvinetis v Varady & Ors [2009] NSWSC 109
Spautz v Butterworth & Ors (1996) 41 NSWLR 1
Stevens v Brodribb Sawmilling Co Pty Ltd [1986] HCA 1; (1986) 160 CLR 16
Sweeney v Boylan Nominees Pty Ltd [2006] HCA 19; (2006) 226 CLR 161
Trustees of the Roman Catholic church v Ellis & Anor [2007] NSWCA 117; 70 NSWLR 565
Webster v Lampard (1993) 177 CLR 602TEXTS CITED: F Trindade, P Cane and M Lunney, The Law of Torts in Australia, 4th ed, Oxford University Press 2007 PARTIES: Evangelos ROUVINETIS (Plaintiff)
David KNOLL & 22 ors (First & third to twenty third defendants)
PALIGUARD PTY LIMITED (Second defendant)FILE NUMBER(S): SC 15679/08 COUNSEL: Mr J Gormly SC (Plaintiff)
Mr P Blacket SC (First & third to twenty third defendants)
Mr D Llloyd (Second Defendant)SOLICITORS: TD Kelly & Co
Messrs Holman Webb
Messrs Lee & Lyons
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISIONR A HULME J
19 November 2009
JUDGMENT15679/08 Evangelos ROUVINETIS v David KNOLL & ors
1 HIS HONOUR: By a Further Amended Statement of Claim the plaintiff, Evangelos Rouvinetis, claims various types of damages including exemplary and aggravated damages, interest and costs from twenty three defendants in respect of an incident that occurred at Sydney Girls High School (“the school”) on 9 April 2008. The first and third to twenty-third defendants are sued for negligence and wrongful imprisonment. The second defendant is sued for assault, battery, negligence and wrongful imprisonment.
2 The plaintiff applies to the Court for the proceedings to be heard by a jury. The basis…
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- AGLC
- Rouvinetis v Knoll [2009] NSWSC 1212
- Case
- [2009] NSWSC 1212
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the plaintiff's claims were maintainable and if there were any grounds for the defendant to apply for summary dismissal or striking out. The court had to consider the elements of the torts of malicious procedure and false imprisonment, as well as the principles of vicarious liability in the context of independent contractors. The court also needed to assess if the plaintiff's claims were made out in the originating application to warrant a trial.
In determining the application, the court held that the plaintiff's claims were maintainable and did not warrant summary dismissal. The court found that the plaintiff had sufficiently pleaded the elements of malicious procedure and false imprisonment, and that there were triable issues in relation to the negligence claim. The court held that the plaintiff had made out a case that the defendant was vicariously liable for the actions of the independent contractor, as the contractor was acting as an agent of the defendant at the time of the incident. The court also found that the plaintiff's claims were not frivolous or vexatious, and that there were genuine issues to be tried. The application for summary dismissal or striking out was therefore dismissed.
The court's final orders were that the application for summary dismissal or striking out was dismissed, and that the matter was to proceed to trial on the merits. The court also ordered that the defendant pay the plaintiff's costs of the application. The court found that there were triable issues in relation to all of the plaintiff's claims, and that the matter should be determined at a trial. The court held that the plaintiff had made out a case that was sufficient to warrant a trial, and that the defendant's application for summary dismissal or striking out was therefore unsuccessful.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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