Doyle's Farm Produce Pty Ltd as trustee for Claredale Family Trust v Murray Darling Basin Authority

[2021] NSWSC 369

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Negligence
2. › Duty of care
3. › Public authorities
4. › Statutory construction
5. › Whether the Murray Darling Basin Authority, its delegates or the Commonwealth is a “public or other authority” within the meaning of s 41 of the Civil Liability Act 2002 (NSW)
1. Civil Procedure
2. › Interlocutory proceedings
3. › Summary determination of the question of statutory construction
4. › Give effect to the overriding purpose of Civil Procedure Act 2005 (NSW), s 56
5. › Need to read general statements in judgments by reference to the circumstances of the case
1. Civil Procedure
2. › Originating process
3. › Pleading discloses no reasonable defence
4. › Meaning of “no reasonable defence”
5. › Order to strike out part of a pleading under the Uniform Civil Procedure Rules 2005 (NSW), r 14.28
1. Constitutional Law
2. › Commonwealth and State relations
3. › Alleged inconsistency of laws
4. › General principles
5. › Unnecessary to decide