Recent Cases

St Paul’s College Ltd v Allan [2026] NSWCA 22 (10 March 2026) (Payne and Kirk JJA, Price AJA)


Catchwords:


CIVIL PROCEDURE — Pleadings — Form and content of pleading — purposes served by pleadings — principles relating to pleading claims in negligence — pleading ordinary duty of care — pleading breach of duty — pleading vicarious liability

CIVIL PROCEDURE — Pleadings — Form and content of pleading — Defects — necessity for ordinary duties of care to identify acts or omissions available to defendant which reasonable person would have taken to avoid identified risk of harm — whether respondent failed to plead facts establishing applicant’s provision of opportunity and occasion for wrongful act

NEGLIGENCE — effect of High Court’s decision in AA v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2 — matters plaintiff required to plead following AA — whether respondent’s pleadings sufficient