NSW Caselaw
New South Wales District Court
CITATION: Corby v State of New South Wales [2009] NSWDC 117
HEARING DATE(S): 26 May 2009
JUDGMENT DATE: 5 June 2009
JURISDICTION: Civil
JUDGMENT OF: Murrell SC DCJ
CATCHWORDS: TORT- intentional torts- assault - DAMAGES - general principles - injury to a person, impairment of a mental condition, exemplary, and aggravated damages.
LEGISLATION CITED: Civil Liability Act 2002, ss 3B (1) (a) (iii) and 26A-26D Civil Liability Legislation Amendment Act 2008
Coyle v State of New South Wales [2006] NSWCA 95 Fatimi Pty Ltd v Bryant [2004] NSWCA 140 CASES CITED: Lamb v Cotogno [1987] HCA 47 New South Wales v Ibbett [2006] HCA 57 New South Wales v Riley [2003] NSWCA 208 State of New South Wales v Ibbett [2005] NSWCA 445
PARTIES: Gregory Edward CORBY State of New South Wales
FILE NUMBER(S): 114/08
COUNSEL: A Blackman for the Plaintiff P Saidi for the Defendant
SOLICITORS: Aitken MacDonald for the Plaintiff NSW Crown Solicitor's Office for the Defendant
The Application
1 Mr Corby (the plaintiff) alleges that, in February 2006 while he was in custody at the Wagga Wagga Police Station, he was assaulted by a police officer and by officers of the Department of Corrective Services. He seeks aggravated and exemplary damages.
2 The State of New South Wales (the State) accepts vicarious liability for the actions of the alleged assailants.
3 The state applies to strike out the plaintiff's claim for aggravated and exemplary damages, relying on the 2008 amendments to the Civil Liability Act 2002 (the Act).
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