WANG v STATE OF NEW SOUTH WALES [2009] NSWCA 340

New South Wales Court of Appeal

CITATION: WANG v STATE OF NEW SOUTH WALES [2009] NSWCA 340

HEARING DATE(S): 14 October 2009

JUDGMENT DATE: 14 October 2009

JUDGMENT OF: Basten JA at 1; Macfarlan JA at 1

EX TEMPORE JUDGMENT DATE: 14 October 2009

1. Grant the applicants leave to appeal.

2. Costs of the application for leave to be costs in the appeal.

3. Applicant to file and serve a notice of appeal in proper form.

DECISION: 4. Refer the applicant to the Registrar for referral to a lawyer on the Pro Bono Panel for advice and assistance in preparing for the appeal and, if thought appropriate, for representation at the hearing of the appeal.

5. Extend time for filing and service of the Notice of Appeal to 14 December 2009.

6. Liberty to each party to apply to the Registrar for further directions on 3 days notice.

7. Direct that the respondent to the proceedings be the "State of New South Wales".

CATCHWORDS: APPEAL – application for leave – proposed appeal from summary dismissal – whether inadequate pleading properly construed - TORTS – intentional tort – misfeasance on part of police officer – breach of statutory duty – duty of care in investigation and prosecuting offence

Civil Liability Act 2002 (NSW), ss 43, 43A LEGISLATION CITED: Police Act 1990 (NSW), ss 7, 150 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28, 15.8

Cran v State of New South Wales [2004] NSWCA 92; 62 NSWLR 95 CASES CITED: Darker v Chief Constable of West Midlands Police [2001] 1 AC 435 Tame v New South Wales [2002] HCA 35; 211 CLR 317 Wilson v State of New South Wales [2001] NSWSC 869; 53 NSWLR 407