State of New South Wales v Spearpoint [2009] NSWCA 233

New South Wales Court of Appeal

CITATION: State of New South Wales v Spearpoint [2009] NSWCA 233

HEARING DATE(S): 30 July 2009

JUDGMENT DATE: 30 July 2009

JUDGMENT OF: Allsop ACJ at 19 and 32; Beazley JA at 29; Ipp JA at 1

EX TEMPORE JUDGMENT DATE: 30 July 2009

DECISION: 1. Dismiss the application for leave to appeal. 2. The applicant to pay the respondent the costs not only of the application but of the appeal.

CATCHWORDS: PROCEDURE - miscellaneous procedural matters - application for summary dismissal under UCPR r 13.4(b) - whether pleadings disclose a reasonable cause of action - where defects curable by amendment of pleadings. - TORTS - negligence - duty of care - whether police officers and the police service as a whole owe a duty of care to an individual members of the public - inappropriate to decide at the dismissal stage of proceedings.

CATEGORY: Principal judgment

Graham Barclay Oysters Pty Ltd v Ryan [2002] HCA 54; (2002) 211 CLR 540 Hill v Chief Constable of West Yorkshire [1998] AC 53 Mount Isa Mines v Pusey [1970] HCA 60; (1970) 125 CLR 383 CASES CITED: State of NSW v Tyszyk [2008] NSWCA 107 Thompson v Vincent [2005] NSWCA 219 Vairy v Wyong Shire Council [2005] HCA 62; (2005) 223 CLR 422 Van Colle v Chief Constable of the Hertfordshire Police [2009] 1 AC 225 Woolcock Street Investments Pty Ltd v CDG Pty Ltd [2004] HCA 16; (2004) 216 CLR 515

State of New South Wales (Applicant) PARTIES: Wayne Spearpoint (First Respondent) Toni Maree Spearpoint (Second Respondent)