Samardzic v State of New South Wales [2001] NSWSC 471

New South Wales Supreme Court

CITATION : Samardzic v State of New South Wales [2001] NSWSC 471 FILE NUMBER(S) : SC 20062/98 HEARING DATE(S) : 30 May 2001 JUDGMENT DATE : 1 June 2001

PARTIES : Zlatko Joseph Samardzic State of New South Wales JUDGMENT OF : Sully J at 1

LOWER COURT Supreme Court JURISDICTION : LOWER COURT 20062/98 FILE NUMBER(S) : LOWER COURT Master Harrison JUDICIAL OFFICER :

COUNSEL : C. A. Evatt/K. Rollinson - Plaintiff G. A. Laughton - Defendant SOLICITORS : Teakle Ormsby George - Plaintiff State Crown Solicitor. Letang v Cooper (1965) 1 QB 232, per Diplock LJ at 242-243 Paragon Finance v D.B. Thackerar & Co. (1990) 1 All ER 400, per Millett J at 405(g) CASES CITED : Weller Development Agency v Redpath Dorman Long (1994) 1 WLR 1409 McGee v Yeoman (1977) 1 NSWLR 273 at 280 C DECISION : Appeal from Master dismissed with costs.

SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SULLY J

1 June 2001

20062/98 - Zlatko Joseph SAMARDZIC v STATE OF NEW SOUTH WALES

JUDGMENT

1 HIS HONOUR: This is an appeal brought pursuant to the Supreme Court Rules, Pt 60 Division 3, from a decision of the Master. The essential question is whether the respondent, Mr Samardzic, should be permitted to make certain amendments to a Statement of Claim by which he has sued the respondent, the State of New South Wales, for damages for negligence. 2 The respondent's claim was originally brought in 1989 in the District Court and was transferred subsequently into this Court.

3 The Statement of Claim, as originally drawn, pleaded relevantly, and as follows, the essential facts and circumstances said to give rise to the claim: "1. At all material times the Plaintiff was a Police Officer employed by the Defendant and is sued in accordance with the Crown Proceedings Act of 1988.