BENNIE v STATE OF NEW SOUTH WALES [2009] NSWSC 96

New South Wales Supreme Court

CITATION : BENNIE v STATE OF NEW SOUTH WALES [2009] NSWSC 96

HEARING DATE(S) : 22.10.07-12.11.07

JUDGMENT DATE : 3 March 2009

JUDGMENT OF : Hulme J at 1

DECISION : Orders deferred

PARTIES : Robert Maurice BENNIE State of New South Wales

FILE NUMBER(S) : SC 11447/06

COUNSEL : Plaintiff: R Burbidge QC: J Garnsey QC: G Radburn Defendant: P Bodor QC: M Hutchings: V Hartstein

SOLICITORS : Plaintiff: WJ Grace & Co Defendant: IV Knight Crown Solicitor's Office

155 - - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION 11447 of 2006 HULME J

Tuesday, 3 March 2009

Robert BENNIE v STATE OF NEW SOUTH WALES JUDGMENT 1 HIS HONOUR: Because of the length of these Reasons, and even though the nature of the issues precludes dividing them into water-tight compartments, it has been convenient to insert a number of subject headings, viz:- Paragraph Introduction and Pre Menindee History 2 Menindee 12 12 February 1992 – Plaintiff 147 12 February 1992 – Mr Aliende 163 12 February 1992 – Constable Dimatteo 167 12 February 1992 – Constable Fredericks 178 12 February 1992 – Sergeant Hillier 185 12 February 1992 – Inspector Baillie 192 Campbelltown Hospital 192 Medical and Similar Reports 196 Other post 1 January 1992 238 Statutory Matters and Opinion Evidence 260 Commentary 276 28 August - 27 October 301 28 October – 27 November 306 28 November – 1 December 312 1 December – 11 February 319 12 February 1992 – At Court 325 12 February 1992 – Railway Line 328 12 February 1992 – Police Station 340 The Pleadings 341 Conclusions 350 Plaintiff's Mental Condition 407 Plaintiff's physical Injuries 423 Disabilities 465 Damages Economic Loss 469 Damages – Non Economic Loss 485 Damages – Aggravated & Exemplary 488 Damages – Other 507