AGSC v State of New South Wales [2023] NSWSC 860

Supreme Court New South Wales

Medium Neutral Citation: AGSC v State of New South Wales [2023] NSWSC 860 Hearing dates: 6 April 2023 Date of orders: 24 July 2023 Decision date: 24 July 2023 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The proceedings are dismissed. (2) The plaintiff is to pay the defendant's costs. Catchwords: CIVIL PROCEDURE – Summary Dismissal – Dismissal of proceedings – No reasonable cause of action disclosed – Claim against State of New South Wales for treatment in Commonwealth detention centres – State of New South Wales not responsible for plaintiff's detention – Issue dealt with to finality in several Federal Court Proceedings – Statement of claim dismissed Legislation Cited: Acts Interpretation Act 1901 (Cth) ss 34AAA Civil Liability Act 2002 (NSW) ss 43 and 43A Civil Procedure Act 2005 (Cth) s 67 Constitution (Cth) s 75 Constitution Act 1902 (NSW) Constitution Act 1902 (NSW) ss 47, 47A, 51 and 52 Corporations Act 2001 (Cth) s 1318 Crimes Act 1900 (NSW) s 86 Crown Proceedings Act 1988 (NSW) s 5 Enforcement (Controlled Operations) Act 1997 (NSW) Federal Court of Australia Act 1976 (Cth) s 15 Government Sector Employment Act 2013 (NSW) ss 7, 21 and 61 Industrial Relations Act 1996 (NSW) s 91 Judiciary Act 1903 (Cth) ss 58 and 75. Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 135. Migration Act 1958 (Cth) s 273 Public Service Act 1999 (Cth) Supreme Court Act 1970 (NSW) ss 23, 66, 69, 71, 75 and 77 Uniform Civil Procedure Rules 2005 (NSW) rr 6.29 and 13.4 United Nations Convention on the Rights of the Child arts 3, 8, 9, 10, 12, 16 and 18 Cases Cited: BVZ21 v Commonwealth [2022] FCAFC 122 BVZ21 v Commonwealth of Australia [2022] FCA 1598 BVZ21 v Minister for Home Affairs [2022] FCA 1344 Commissioner of Corrective Services v Liristis (2018) 98 NSWLR 113 CPJ16 v Minister for Home Affairs [2020] FCA 1408 CPJ16 v Minister for Home Affairs [2020] FCAFC 212 CPJ16 v Minister for Home Affairs [2021] FICASL 149 General Steel Industries Inc v Commissioner of Railways (1964) 112 CLR 125 Hasson v Sydney Local Health District [2022] NSWSC 954 New South Wales v Radford (2010) 79 NSWLR 327 Richards v Victoria Police [2007] VSC 51 Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd [2022] NSWSC 234 UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45 Category: Procedural rulings Parties: AGSC (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: AGSC (Self-represented) R. Sherrington (Defendant)