Allen v State of NSW [2012] NSWDC 119

District Court New South Wales

Medium Neutral Citation: Allen v State of NSW [2012] NSWDC 119 Hearing dates: 23, 24, 25, 26, 27, 30, 31 July, 1, 2, 3 & 6 August 2012 Decision date: 22 August 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict and judgment for the defendant; 2.The plaintiff is to pay the defendant's costs on the ordinary basis unless otherwise ordered; 3.The exhibits may be returned; 4.Liberty to apply on 7 days notice if further orders are required. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TORTS - assault - whether plaintiff was subjected to three unlawful assaults whilst in police custody - disputed matters of fact Legislation Cited: Civil Liability Act 2002, s 3B(1)(a), s 16, s 52(1)(a) Crown Proceedings Act 1988 Evidence Act 1995, s 128, s 135 Law Enforcement (Powers and Responsibilities) Act 2002, Pt 14, s 199(1) Law Reform (Vicarious Liability) Act 1983 Summary Offences Act 1988, s 4A(1) Surveillance Devices Act 2007 Cases Cited: None Category: Principal judgment Parties: Ronald John Allen (Plaintiff) State of New South Wales (Defendant) Representation: Mr S Kettle (Plaintiff) Mr P Saidi (Defendant) Stacks The Law Firm (Plaintiff) Bartier Perry Pty Ltd (Defendant) File Number(s): 2011/74572 Publication restriction: None