Rickard v State of NSW [2010] NSWSC 151

New South Wales Supreme Court

CITATION : Rickard v State of NSW [2010] NSWSC 151

HEARING DATE(S) : 9 September 2009, 5 March 2010

JUDGMENT DATE : 5 March 2010

JUDGMENT OF : R A Hulme J

DECISION : Appeal dismissed. Order of the Magistrate that the plaintiff pay the defendant's costs on an indemnity basis confirmed. Plaintiff to pay the defendant's costs of the appeal on an indemnity basis.

CATCHWORDS : TORTS - negligence - essentials of action for negligence - duty of care - special relationships and duties - police officers - salient features to be considering in novel cases of duty of care - POLICE - rights, powers and duties - other powers and duties - PROCEDURE - costs - departing from the general rule - order for costs on indemnity basis - nature of proceedings - appeals as to costs - PROCEDURE - inferior courts - New South Wales - Supreme Court procedure - summarily striking out statement of claim for failing to disclose reasonable cause of action - PROCEDURE - appeal lodged against findings of Magistrate striking out claim pursuant to rule 13.4 of the Uniform Civil Procedure Rules for failing to disclose reasonable cause of action - appeal involved determination of whether Police Officer owed duty of care to victim of domestic violence the content of which required the police officer to advise the victim to seek independent advice before entering into a commercial transaction with the police officer

Uniform Civil Procedure Rules 2005 Local Court Act 2007 LEGISLATION CITED : Police Act 1990 Law Enforcement (Powers and Responsibilities) Act 2002 Victims Rights Act 1996 Civil Procedure Act 2005

CATEGORY : Principal judgment