Bujdoso v State of New South Wales [2006] NSWSC 896

New South Wales Supreme Court

CITATION : Bujdoso v State of New South Wales [2006] NSWSC 896

HEARING DATE(S) : 16 August 2006

JUDGMENT DATE : 5 September 2006

JUDGMENT OF : Sully J at 1

DECISION : Declaration sought in paragraph 4 of the Summons made; Defendant to pay plaintiff's costs

Civil Liability Act 2002 (NSW) Civil Liability Amendment (Personal Responsibility) Act 2002 NSW LEGISLATION CITED : Civil Liability Amendment (Offender Damages) Act 2004 (NSW) Civil Liability Amendment (Offender Damages Trust Fund) Act 2005 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Correctional Centres Act 1952 (NSW)

CASES CITED : The Workers' Compensation Board of Queensland v Technical Products Proprietary Limited (1988) 165 CLR 642 Commissioner of Taxation of Australia v Scully (2000) 201 CLR 148

PARTIES : Peter Andrew Bujdoso State of New South Wales

FILE NUMBER(S) : SC 2006/4253

COUNSEL : J. Graves SC/R de Meyrick - Plaintiff M. Cashion SC/S. Finnane - Defendant

SOLICITORS : T. D. Kelly & Co. - Plaintiff Crown Solicitor's Office - Defendant

LOWER COURT JURISDICTION : District Court

LOWER COURT FILE NUMBER(S) : 6023/02

LOWER COURT JUDICIAL OFFICER : McLoughlin DCJ

LOWER COURT DATE OF DECISION : 21 July 2006

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SULLY J

5 September 2006

2006/4253 – PETER ANDREW BUJDOSO v STATE OF NEW SOUTH WALES

JUDGMENT

HIS HONOUR:

Introduction 1 By a summons filed on 14 August 2006 the plaintiff, Mr. Bujdoso, claims against the State of New South Wales as defendant a declaration: "…….. that, on the true construction of the Civil Liability Act 2000 (NSW) , and in the events which have happened, Division 6 of Part 2A thereof does not apply to the plaintiff or to his award of damages in District Court Proceedings 6023/02." 2 The relevant background can be summarised simply and conveniently in the form of the following chronology which adapts a chronology prepared by the plaintiff's lawyers for use in the recent hearing. DATE EVENT 17 March 1952 Plaintiff born 16 February 1990 Plaintiff sentenced in Penrith District Court to a minimum term of 2 years and 6 months and an additional term of 10 months imprisonment for 3 counts involving sexual assaults on a male person under the age of 18. 21 September 1991 Plaintiff at Silverwater Prison sustains serious injuries when two or more assailants wearing balaclavas forced the lock on his room, entered and assaulted him with iron bars. 16 August 1992 Plaintiff released from prison. 15 September 1994 Plaintiff commenced proceedings against the Defendant for damages, alleging the Defendant was negligent in failing to take reasonable steps to protect him from the foreseeable risk that he would be the victim of an intentional act of violence. 3 April 2000 Crimes (Administration of Sentences) Act 1999 commences. 2 December 2003 Cooper J in the District Court gave judgment for the Defendant. 10 September 2004 The Court of Appeal declared that the Defendant had breached the duty of care that it owed the Plaintiff and remitted the matter to the District Court for trial as to damages. This decision has been reported: Bujdoso v State of New South Wales (2004) 151 A Crim R 235. 27 May 2005 The High Court of Australia granted special leave to appeal against the decision of the Court of Appeal. 26 October 2005 Civil Liability Amendment (Offender Damages Trust Fund) Act 2005 commences. 8 December 2005 The High Court of Australia unanimously dismissed the Defendant's appeal to that Court. 21 July 2006 McLoughlin J in the District Court awarded the Plaintiff damages in the sum of $175,100.