With thanks to Mathisha Panagoda for noting the decision in Niass v State of New South Wales [2020] NSWSC 1753, available on Caselaw.
This is a futher decision of Garling J focusing on pleading issues, particularly in the context of vicarious liability of the Crown. Attention was also paid to pleadings of actual and constructive knowledge.
In the reasons for judgment at [88] it was noted:
“Pleadings which are ill-defined, vague and prolix, or which contain assertions which are not directly relevant to any pleaded cause of action, have a tendency to cause prejudice and embarrassment to the opposing party, and to delay the proceedings. Such a pleading cannot accord with the overriding purpose in s 56 of the Civil Procedure Act.”
Leave to file an amended Statement of Claim was refused.