NSW Caselaw
New South Wales Supreme Court
CITATION : McGuirk v The State of New South Wales [2008] NSWSC 372
HEARING DATE(S) : 14 February 2008
JUDGMENT DATE : 29 April 2008
JURISDICTION : Common Law Division Administrative Law List
JUDGMENT OF : Hislop J
DECISION : (1) The amended notice of motion is dismissed. (2) The defendant is to pay the plaintiff's costs. (3) Stand over the proceedings to the registrar's list on 5 May 2008 for directions.
CATCHWORDS : PRACTICE AND PROCEDURE - concurrent civil and criminal proceedings - application to strike out statement of claim or stay civil proceedings.
LEGISLATION CITED : Inclosed Lands Protection Act, 1901 Crimes Act, 1900
Brimson v Rocla Concrete Pipes Ltd (1982) Batistatos v Roads & Traffic Authority of NSW [2006] HCA 27 Ridgeway v The Queen (1995) 184 CLR 19 CASES CITED : Sankey v Whitlam (1978) 142 CLR 1 McMahon v Gould (1982) 7 ACLR 202 Halabi v Westpac Banking Corporation (1989) 17 NSWLR 26 Niven v SS [2006] NSWCA 338
PARTIES : Gerard Michael McGuirk (Plaintiff) The State of New South Wales (Defendant)
FILE NUMBER(S) : SC 30026/07
COUNSEL : In person (Plaintiff) B.C. Kasep (Defendant)
SOLICITORS : Crown Solicitor (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
HISLOP J
Tuesday 29 April 2008
30026/07 GERARD MICHAEL McGUIRK v THE STATE OF NEW SOUTH WALES
JUDGMENT 1 HIS HONOUR: The plaintiff, in his statement of claim filed on 3 August 2007, alleges, in essence, that the defendant is vicariously liable for the acts and omissions of certain police officers in respect of:
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