NSW Caselaw
New South Wales Supreme Court
CITATION : Duke v State of New South Wales & Ors [2005] NSWSC 632
HEARING DATE(S) : 24 March 2004
JUDGMENT DATE : 30 June 2005
JURISDICTION : Common Law Division
JUDGMENT OF : Hidden J
DECISION : Application granted.
CATCHWORDS : PRACTICE AND PROCEDURE: - pleading - application to file amended statement of claim, join additional defendant - whether tenable causes of action - allegation of fabrication of evidence by police - claims in negligence, misfeasance in public office (as well as false imprisonment, malicious prosecution) - witness immunity principle - immunity of police from action in negligence arising from investigation - whether those immunities applicable
LEGISLATION CITED : Law Reform (Vicarious Liability) Act 1983
Cabassi v Vila (1940) 64 CLR 130 Watson v M'Ewan [1905] AC 480 R v Beydoun (1990) 22 NSWLR 256 Roy v Prior [1971] AC 470 Darker & Ors v Chief Constable of the West Midlands Police [2001] 1 AC 435 Marrinan v Vibart [1963] 1 QB 528 CASES CITED : Cran v State of New South Wales [2004] NSWCA 92 State of New South Wales v Knight [2002] NSWCA 392 Letang v Cooper [1965] 1 QB 232 Williams v Milotin (1957) 97 CLR 465 Three Rivers DC v Bank of England (No 3) [2003] 2 AC 1 Davis v Gell (1924) 35 CLR 275
Christopher William Duke (plaintiff) PARTIES : State of New South Wales (first defendant) Others (names of other defendants suppressed)
FILE NUMBER(S) : SC 20137/1998
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