Bhattacharya v Minister for Police, NSW & 4 Ors [1999] NSWSC 956

New South Wales Supreme Court CITATION : Bhattacharya v Minister for Police, NSW & 4 Ors [1999] NSWSC 956 CURRENT JURISDICTION : Common law FILE NUMBER(S) : 20241/99 HEARING DATE(S) : 16 September 1999 JUDGMENT DATE : 21 September 1999

Pranay Kumar Bhattacharya (Plaintiff)

Minister for Police NSW (First Defendant)

Police Commissioner of NSW PARTIES : (Second Defendant)

Department of Corrective Servi ces, NSW (Third Defendant)

Minister for Health, NSW (Fourth Defendant)

Director General, NSW Health Department (Fifth Defendant) JUDGMENT OF : Master Harrison

Mr P K Bhattacharya (Plaintiff in person) COUNSEL : Mr P Saidi (Defendants) Not Applicable (Plaintiff) SOLICITORS : Crown Solicitor (Defendants) CATCHWORDS : Summary judgment; Strike out statement of claim; Interim payment - s 76E SCA ACTS CITED : Supreme Court Act 1970 Mental Health Act 1990 CASES CITED : General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 at 129 DECISION : See para 23

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THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MASTER HARRISON

TUESDAY, 21 SEPTEMBER 1999

20241/99 - PRANAY KUMAR BHATTACHARYA v MINISTER FOR POLICE, NSW & 4 ORS

JUDGMENT (Summary judgment; strike out statement of claim; Interim payments -) s 76E SCA) 1 MASTER: By notice of motion filed 11 May 1999 the defendants seek that the proceedings be dismissed pursuant to Pt 13 r 5 of the Supreme Court Rules (SCR) or alternatively that the proceedings be stayed until the final determination of proceedings No 40214/99 in the Court of Appeal from the decision of Young J on 5 March 1999 equity proceedings No 2151/97. By notice of motion filed 16 April 1999 the plaintiff seeks that interim damages be granted pursuant to s 76E of the Supreme Court Act 1970 (SCA). The plaintiff relied on his affidavits sworn 14 April 1999, his DCM document and a schedule of damages. The defendant relied on the affidavit of Helen Allison sworn 11 May 1999. 2 It is convenient now to set out the rule and law relating to summary judgment. Part 13 r 5 provides: "(1) Where in any proceedings it appears to the Court that in relation to the proceedings generally or in relation to any claim for relief in the proceedings - (a) no reasonable cause of action is disclosed;