Event and Time
Event Description
The case of Agnello v Heritage Care Pty Ltd involves a strike out application by the defendant, Heritage Care Pty Ltd. The defendant sought to have the plaintiff’s amended statement of claim (ASOC) dismissed on multiple grounds related to procedural compliance under the Supreme Court Act 1986 (Vic) concerning group and individual claims arising from COVID-19 infections in their aged care facility.
Application and Claims
- Defendant's Application: Heritage Care sought to strike out the ASOC based on the following:
- Non-compliance with procedural provisions of the Act (Section 33C). - Allegation that the ASOC pleads conceptually distinct claims that do not serve the interests of justice (Section 33ZF). - Specific paragraphs of the ASOC should be struck out for not disclosing a valid cause of action.
- Plaintiff's Claims: Sebastian Agnello, representing the estate of his mother who was a resident at Epping Gardens, alleges:
- Breach of resident agreements and statutory consumer guarantees. - Negligence in providing adequate care and infection control during the COVID-19 outbreak. - Misleading and deceptive conduct related to representations made by Heritage Care prior to their admission into the facility.
Judicial Decisions
The court dismissed the defendant's application, concluding:
- The claims were properly commenced under the relevant provisions.
- The claims pleaded did not present a barrier to the interests of justice or indicate distinct separable claims.
- The ASOC provided sufficient grounds for the claims presented, particularly in the context of systemic failings attributed to the defendant.