STATE OF NEW SOUTH WALES v BUJDOSO [2007] NSWCA 44

Reported Decision: (2007) Aust Torts Reports 81-876

New South Wales Court of Appeal

CITATION: STATE OF NEW SOUTH WALES v BUJDOSO [2007] NSWCA 44 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 2 March 2007

JUDGMENT DATE: 13 March 2007

JUDGMENT OF: Hodgson JA at 1; Ipp JA at 22; Basten JA at 37

DECISION: (1) Grant leave to Appellant to amend its notice of appeal; (2) Dismiss the appeal; (3) Grant leave to both the parties, if unable to agree on an appropriate costs order, to file further submissions in respect of costs within 14 days.

CATCHWORDS: CIVIL LIABILITY ACT – Civil Liability Act 2002 (NSW), s3B(1)(a) – statutory interpretation – whether the liability of a person in negligently failing to prevent harm from intentional acts of a third part is liability "in respect of an intentional act that is done with intent to cause injury or death" - CIVIL LIABILITY ACT – Civil Liability Act 2002 (NSW), ss 26A and 26B – definition of "offender in custody" – savings and transitional provisions – retrospective effect – operation of clauses 20, 21 and 26 of Schedule 1 - CIVIL LIABILITY ACT - Civil Liability Act 2002 (NSW), cl 26(4) – meaning of "finally determined" - DAMAGES – whether award of damages payable by the State is available as victim trust fund – operation of Civil Liability Act 2002 (NSW) s 26L - WORDS AND PHRASES – "in respect of" – meaning circumscribed by context

Civil Liability Act 2002 (NSW), ss 3B, 5A, 11, 26A, 26B, 26C, 26D, 26E, 26F, 26G, 26H, 26I, 26K, 26L, 26M; cls 16, 18, 20, 21, 25, 26, Schedule 1; Parts 2, 5, 6, 7 and 9 Schedule 1; Div 6, Part 2A Civil Liability Amendment (Personal Responsibility) Act 2002 (NSW) Civil Liability Amendment (Offenders Damages) Act 2004 Civil Liability Amendment (Offenders Damages Trust Fund) Act 2005 (NSW) Crimes (Administration of Sentences) Act 1999 LEGISLATION CITED: Crimes and Courts Legislation Amendment Act 2006 (NSW), s 2 Interpretation Act 1987 (NSW), ss 33, 34, 35 Judiciary Act 1903 (Cth), s 39 Motor Vehicles (Third Party Insurance) Act 1942 (NSW), s 35D Racial Discrimination Act 1975 (Cth), s 18C, Part IIA Supreme Court Act 1970 (NSW), s 75A Trade Practices Act 1974 (Cth)