Andrew PINFOLD v STATE OF NEW SOUTH WALES [2009] NSWSC 1240

New South Wales Supreme Court

CITATION : Andrew PINFOLD v STATE OF NEW SOUTH WALES [2009] NSWSC 1240 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 03/08/2009

JUDGMENT DATE : 18 November 2009

JUDGMENT OF : Howie J at 1

DECISION : I strike out so much of the plaintiff's statement of claim that is based upon an allegation of negligence. Costs of the motion shall be costs in the cause.

CATCHWORDS : Procedure - miscellaneous procedural matters - application for summary dismissal under UCPR r 13.4 - whether pleadings disclose a reasonable cause of action - application for statement of claim to be struck out under UCPR 4 14.28 - Torts - negligence - duty of care - whether a police officer owes a duty of care to a member of the public being investigated for a criminal offence - extent of immunity of police - false, misleading or inaccurate statements to justice on application for search warrant - continuation of search despite evidence to suggest no offence commited.

Search Warrant Act 1985 (now repealed) LEGISLATION CITED : Crimes Act 1900 - s 91H(3) Crown Proceedings Act 1998 Uniform Procedure Rules 2005 - Part 13 r 4, Part 14 r 28

CATEGORY : Procedural and other rulings

Wilson v New South Wales [2001] NSWSC 869; 53 NSWLR 407 Cran v State of New South Wales [2004] NSWCA 92; 62 NSWLR 95 Sullivan v Moody (2001) 207 CLR 562 Tame v New South Wales (2002) 76 ALJR 1348 Makucha v Richardson [2008] NSWSC 945 CASES CITED : Duke v New South Wales [2005] NSWSC 632 Darker & Ors v Chief Constable of the West Midlands Police [2001] 1 AC 435 State of new South Wales v Knight [2002] NSWCA 392 State of New South Wales v Spearpoint [2009] NSWCA 233 State of New South Wales v Tyszyk [2008] NSWCA 107 Sullivan v Moody (2001) 207 CLR 562