Itani v State of New South Wales [2023] NSWDC 285

District Court New South Wales

Medium Neutral Citation: Itani v State of New South Wales [2023] NSWDC 285 Hearing dates: 27 July 2023 Date of orders: 31 July 2023 Decision date: 31 July 2023 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Statement of claim struck out and dismissed. (2) Plaintiff pay defendant's costs of the proceedings. Catchwords: TORT – personal injury – incarcerated offender the victim of a sexual assault in gaol – requirements for notification of claims under ss 26BA and 26BD of the Civil Liability Act 2002 (NSW) within six months of the date of the incident giving rise to the claim – whether making a statement to police or other method of notification of the defendant could satisfy the notice requirement – mandatory dismissal the result of failure to serve notice, as ss 26BA and 26BD both use the term "must" - alternative finding that there was no full and satisfactory explanation for non-compliance – proceedings dismissed with costs. Legislation Cited: Civil Liability Act 2002 (NSW), ss 26BA, 26BB, 26BD Civil Procedure Act 2005 (NSW), s 56 Cases Cited: Allan Petit v State of New South Wales & Anor [2012] NSWDC 105 Dawson v NSW [2012] NSWDC 47 Hooper v Catholic Family Services trading as Centacare Catholic Family Services [2023] FedCFamC2G 323 Michael v State of New South Wales (2011) 81 NSWLR 1 Zoef v Nationwide News Pty Ltd (2016) 92 NSWLR 570; [2016] NSWCA 283 Texts Cited: Nil Category: Procedural rulings Parties: Khaled Itani (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Ms Clingan (Plaintiff) Mr Williams (Defendant)