Mina Reznytska v State of New South Wales; Boris Reznystki v State of New South Wales [2010] NSWDC 326

New South Wales District Court

CITATION: Mina Reznytska v State of New South Wales; Boris Reznystki v State of New South Wales [2010] NSWDC 326

JUDGMENT DATE: 7 December 2010

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

CATCHWORDS: CIVIL LAW - notice of motion - causes of action assault, wrongful arrest, unlawful detention - notice of motion by State of NSW asking Court to strike out parts of each statement of claim - notices of motion by plaintiffs asking Court to dismiss the State's notice of motion - notice of motion by plaintiffs asking for judgment against the State because a defence has not yet been filed

LEGISLATION CITED: Law Reform (Vicarious Liability) Act 1983 s 9B(2) Evidence Act 1995

Mina Reznystka PARTIES: Boris Reznystki State of New South Wales

FILE NUMBER(S): 2009/338284; 2009/338357

COUNSEL: Mr Giagios for the State of New South Wales

SOLICITORS: Mr Reznystki for himself and Ms Reznystka

JUDGMENT

1. Boris Reznytski and his mother, Mina Reznytska, say they were in a car on 28 January 2008. The police stopped them for a random breath test, which was negative. Mr Reznytski and Mrs Reznytska say what followed was an attack by a number of police officers on both of them.

2. Mr Reznytski commenced proceedings in the District Court against the State of New South Wales, the Commonwealth of Australia, a prosecution officer and various police officers.

3. Mrs Reznytska also commenced a separate set of proceedings against some of those persons, excluding the prosecution officer.

4. For reasons it is not necessary to go into, the relevant parties in each case at this stage are each plaintiff and the State of New South Wales, which is in each case the first defendant.