NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Kennedy v State of New South Wales [2022] NSWSC 619 Hearing dates: 9 May 2022 Date of orders: 9 May 2022 Decision date: 09 May 2022 Jurisdiction: Common Law Before: Johnson J Decision: 1. The Plaintiff is granted leave nunc pro tunc pursuant to ss.4 and 5 Felons (Civil Proceedings) Act 1981 to institute proceedings against the Defendant in the form contained in the Statement of Claim filed on 8 February 2022. 2. Each party is to bear their own costs of the Notice of Motion. Catchwords: CIVIL PROCEDURE – application for leave under Felons (Civil Proceedings) Act 1981 – claim for damages following alleged physical and sexual assault by officer in juvenile detention – leave granted Legislation Cited: Felons (Civil Proceedings) Act 1981 Uniform Civil Procedure Rules Cases Cited: Application of Malcolm Huntley Potier [2012] NSWCA 222 Ford v Simes [2009] NSWCA 351 Jol v State of New South Wales (1998) 45 NSWLR 283 SW v State of New South Wales [2010] NSWSC 966 Thurston v State of New South Wales [2021] NSWSC 226 Texts Cited: --- Category: Procedural rulings Parties: Daniel Kennedy (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Mr T Meakes (Plaintiff) Ms A Charchar, solicitor (Defendant)
Solicitors: Beston McManis Lawyers (Plaintiff) Makinson d'Apice Lawyers (Defendant) File Number(s): 2022/36732 Publication restriction: ---
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate