NSW Caselaw
New South Wales Supreme Court
CITATION : TB v State of New South Wales [2009] NSWSC 326
HEARING DATE(S) : 16 - 17 March 2009
JUDGMENT DATE : 28 April 2009
JUDGMENT OF : Mathews AJ
DECISION : 1. proceedings dismissed; 2. plaintiff to pay the defendants' costs
CATCHWORDS : PROCEDURE - application for summary dismissal - obligations of Departhment of Youth and Community Services in 1983 on learning of child sexual abuse - no common law duty to notify police - no evidence of negligence
Child Welfare Act 1939 LEGISLATION CITED : Children (Care and Protection) Act 1987 Limitation Act 1969 Uniform Civil Procedure Rules 2005
CATEGORY : Principal judgment
Breen v Williams (1995) 186 CLR 71 Commonwealth of Australia v Griffiths [2007] NSWCA 370 Dey v Victorian Railway Commissioners (1949) 78 CLR 62 CASES CITED : General Steel Industires Inc v Commissioner for Railways (NSW) & Ors (1964) 112 CLR 125 Pyrenees Shire Council v Day (1997 - 1998) 192 CLR 330 TC v State of New South Wales [1999] NSWSC 31 TC v State of New South Wales [2001] NSWCA 380 Webber v New South Wales [2003] NSWSC 1263
TB (Plaintiff) PARTIES : State of New South Wales (1st Defendant) CQ (2nd Defendant)
FILE NUMBER(S) : SC 20156/08
COUNSEL : AS Morrison SC / JL Carr (Plaintiff) I Harvey (Defendants)
SOLICITORS : Graham Jones (Plaintiff) IV Knight (Crown Solicitor) (Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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