Cullen v State of New South Wales [2023] NSWSC 653

Supreme Court New South Wales

Medium Neutral Citation: Cullen v State of New South Wales [2023] NSWSC 653 Hearing dates: 29 May 2023 to 6 June 2023 Date of orders: 15 June 2023 Decision date: 15 June 2023 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1) Verdict and judgment for the plaintiff in the sum of $800,000.00. 2) Subject to further order, the defendant is to pay the plaintiff's costs of the proceedings. Catchwords: TORTS – negligence – duty of care – whether the police owe a duty of care to attendees of a rally – where several police officers charged into a crowd to extinguish a suspected fire – whether duties imposed on the alleged tortfeasor would be irreconcilable with existing statutory obligations under the Police Act 1990 (NSW) and Law Enforcement (Powers and Responsibilities) Act (2002) (NSW) – whether there was a breach of duty – whether injury of the plaintiff was reasonably foreseeable in the circumstances – whether breach of duty caused injury to the plaintiff TORTS – negligence – lawful arrest – liability stemming from the forceful and reckless exercise of the power of arrest TORTS – negligence – assault – battery Legislation Cited: Civil Liability Act 2002 (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Mental Health Act 2007 (NSW) Police Act 1900 (NSW) Summary Offences Act 1988 (NSW) Cases Cited: Caltex Refineries (Qld) Pty Ltd v Stavar (2009) 76 NSWLR 649 Cran v State of New South Wales [2004] NSWCA 92 Hill v Chief Constable of West Yorkshire [1989] 1 AC 53 Hunter and New England Local Health District v McKenna [2014] HCA 44 Jones v Dunkel (1959) 101 CLR 298 March v Stramare (E & MH) Pty Ltd (1991) 171 CLR 506 Re Bolton; ex parte Beane (1987) 162 CLR 514 Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4 State of New South Wales v Klein [2006] NSWCA 295 Strong v Woolworths Limited [2012] HCA 5 Sullivan v Moody [2001] HCA 59 Tame v State of New South Wales [2002] HCA 35 Category: Principal judgment Parties: Plaintiff: Laura Cullen Defendant: State of New South Wales Representation: Counsel: M Neil KC / B Jones (Plaintiff) N Newton (Defendant)