NSW Caselaw
Reported Decision : (2002) Aust Torts Reports 81-633
New South Wales Supreme Court
CITATION : Knight v State of New South Wales [2001] NSWSC 1096 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 18836 of 1993 HEARING DATE(S) : 15 - 19, 22 - 25, 29 - 31 October, 1 - 2 November 2001 JUDGMENT DATE : 30 November 2001
Austin Owen Knight (Plaintiff) PARTIES : v State of New South Wales (Defendant) JUDGMENT OF : Master Malpass
COUNSEL : Mr A J Bartley SC/Mr F Tuscano (Plaintiff) Mr B K J Donovan QC/Mr P Saidi (Defendant) Eddelbuttel Law (Plaintiff) SOLICITORS : I V Knight - Crown Solicitor (Defendant)
CATCHWORDS : Police pursuit plaintiff suffers injury - care, control, management and training of police - negligence in the continuation of pursuit - vicarious liability in negligence - was the injury caused by assault or fall - plaintiff's memory affected by injury - memory enhanced by hypnosis - admissibility of enhanced memory. Evidence Act 1995, s 135, s 140, s 140 (2). LEGISLATION CITED : Law Reform (Vicarious Liability) Act 1983, s 8. Police Service Act 1990, s 170. CASES CITED : Prior v State of New South Wales BC 9805599. R v Tillott (1995) 38 NSWLR 1. DECISION : See Paragraphs 116 - 126.
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION 18836 of 1993 Master Malpass
FRIDAY 30 NOVEMBER 2001
Austin Owen Knight v State of New South Wales
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