Doolan v State of New South Wales [2023] NSWSC 990

Supreme Court New South Wales

Medium Neutral Citation: Doolan v State of New South Wales [2023] NSWSC 990 Hearing dates: 17 August 2023 Date of orders: 17 August 2023 Decision date: 17 August 2023 Jurisdiction: Common Law Before: Campbell J Decision: In relation to the motion filed in court today make the following orders: (1) Leave be granted to the plaintiff to institute the proceedings against the defendant nunc pro tunc pursuant to sections 4 and 5 of the Felons (Civil Proceedings) Act 1981. (2) The plaintiff's costs of the application are costs in the cause. (3) Note the undertaking of Ms Lisa De Luca, solicitor to pay any necessary fee for the filing of the Notice of Motion. In respect of the Notice of Motion filed on 22 June make the following orders: (1) Under r 28.2 Uniform Civil Procedure Rules 2005 (NSW) direct that all questions of liability, including the defendant's pleading of self-defence be determined separately from any other question arising in the proceedings, specifically all questions of quantum. (2) The costs of the motion of 22 June 2023 are the parties' costs in the cause. Catchwords: CIVIL PROCEDURE — plaintiff sought leave nunc pro tunc to commence proceedings as a person in custody whilst convicted of a serious indictable offence CIVIL PROCEDURE — claims for personal injury — gunshot wound from police — application for separate hearings of liability and quantum — by consent — the assessment of the full extent of injuries would delay the proceedings Legislation Cited: Felons (Civil Proceedings) Act 1981 (NSW) ss 4, 5 Uniform Civil Procedure Rules 2005 (NSW) r 28.2 Category: Procedural rulings Parties: Dennis John Doolan (Plaintiff/Applicant) State of New South Wales (Defendant/Respondent) Representation: Counsel: M Pesman SC with S Walsh (Plaintiff/Applicant) M Hutchings (Defendant/Respondent)