Adams v State of NSW [2002] NSWSC 530

New South Wales Supreme Court

CITATION : Adams v State of NSW [2002] NSWSC 530 revised - 17/06/2002 CURRENT JURISDICTION: Common law FILE NUMBER(S) : SC 20431/99 HEARING DATE(S) : 13, 14, 15, 20, 21, 22 & 23 May 2002 JUDGMENT DATE : 23 May 2002

PARTIES : Vanessa Anne Adams v State of NSW & Ors JUDGMENT OF : O'Meally AJ at 1-54

Mr T J Clarke with Mr J H Pierce for the plaintiff COUNSEL : Mr P Menzies QC with Mr G A Laughton for the defendants Keddies Solicitors (Plaintiff) SOLICITORS : Crown Solicitor's office (Defendant) CATCHWORDS : Negligence - Not established - Verdict for defendants LEGISLATION CITED : Police Services Act 1990, S213 DECISION : 1. Verdict for the defendants; 2. Plaintiff to pay the defendants' costs.

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IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

O'MEALLY AJ

THURSDAY, 23 MAY 2002

20431/99 VANESSA ANNE ADAMS

v

THE STATE OF NSW & ORS

JUDGMENT

1 HIS HONOUR: Vanessa Anne Adams has sued the State of New South Wales and Constable Melissa Anne Mutton and Constable Gary Roy Mutton in respect of injuries she received on 30th September 1996. On that day the second and third defendants, who since have married, were, as they still are, members of the New South Wales Police Service. They were then attached to the Ashfield police station.

2 On 30th September 1996 the plaintiff resided in Gower Street, Ashfield. She was sharing the premises with a friend, Gary Robert Duffield. At about 1.30 in the morning of 30th September the plaintiff fell from a tree, and was rendered paraplegic suffering also fractures to her skull. She says her fall was caused by the negligence of the two police officers.