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ARTICLE · 20 AUGUST 2010

Is There A Reasonable Cause Of Action?

Norton Rose Fulbright Australia
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On 23 March 2010, in Hore v Parklands Albury Wodonga Limited [2010] NSWSC 207, the NSW Supreme Court considered whether or not an application for leave to amend a Statement of Claim would be futile in circumstances where it was asserted that the proposed amendments disclosed no reasonable cause of action.

AustraliaGovernment, Public Sector
Ben Allen (Formerly With Norton Rose Fulbright Australia)
Ben Allen (Formerly With Norton Rose Fulbright Australia)
Nancy Hau
Nancy Hau
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On 23 March 2010, in Hore v Parklands Albury Wodonga Limited [2010] NSWSC 207, the NSW Supreme Court considered whether or not an application for leave to amend a Statement of Claim would be futile in circumstances where it was asserted that the proposed amendments disclosed no reasonable cause of action.

Background

The plaintiff injured his head on a riverbed when he swung from a rope attached to a tree in a reserve on the Victorian side of the Murray River. The plaintiff alleged that the reserve was maintained by the defendant who was therefore liable for his injuries. A live issue was whether the tree in question grew in New South Wales or Victoria, or partly in each State.

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