Bhattacharya v Hamilton [2000] NSWSC 102

New South Wales Supreme Court

CITATION : Bhattacharya v Hamilton [2000] NSWSC 102 CURRENT JURISDICTION: Common Law Division Administrative Law List FILE NUMBER(S) : SC 30020/99 HEARING DATE(S) : 21/02/00-28/02/00 JUDGMENT DATE : 1 March 2000

Pranay Kumar Bhattacharya (Plaintiff) Ian Hamilton, Director Open Training & Education Network, Department of Education and Training (First Defendant) Ron Button, Senior Officer, Southern Sydney Institute of TAFE (Second Defendant) Director-General Department of Education and Training (Third Defendant) NSW Minister for Education and Training (Fourth Defendant) NSW Minister for Police (Fifth Defendant) PARTIES : Police Commissioner of NSW (Sixth Defendant) President, NSW Teachers Federation (Seventh Defendant) Crown Solicitors Office (Eighth Defendant) Coroner, Westmead Coroner's Court (First Respondent) Commissioner, Police Integrity Commission (Second Respondent) Attorney General of NSW (Third Respondent) Human Rights and Equal Opportunity Commission (Fourth Respondent) JUDGMENT OF : Dunford J

COUNSEL : C. Ronalds (First - Sixth and Eighth Defendants and First - Fourth Respondents) SOLICITORS : Plaintiff in person. IV Knight, Crown Solicitor (First - Sixth and Eighth Defendants and First - Fourth Respondents) CATCHWORDS : Application for Summary Judgment and related matters - Coroners Act 1980 - Application for inquest by relative where inquest dispensed with by Coroner - Claim for wrongful dismissal - right of appeal to GREAT exercised - no alternative remedy - Wrongful arrest and detention - breach of Apprehended Violence Orders - threats in person and over telephone. Mental Health Act 1990 Industrial Relations Act 1991 Teaching Services Act 1980 Supreme Court Act 1970 LEGISLATION CITED : Government and Related Employees Appeal Tribunal Act 1980 Coroners Act 1980 Crimes Act 1900 Crimes Act 1914 (Cth) Police Integrity Commission Act 1996 CASES CITED : Herron v The Attorney General (1987) 8 NSWLR 601 DECISION : See para 91.