State of New South Wales v Konneh [2014] NSWCA 91

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Konneh [2014] NSWCA 91 Hearing dates: 26 March 2014 Decision date: 31 March 2014 Before: Macfarlan JA Ward JA Decision: The application for leave to appeal is dismissed with costs. [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: APPEAL - civil - application for leave to appeal - proceedings brought on plaintiff's own behalf and as representative proceedings seeking damages for wrongful arrest, false imprisonment and assault - primary judge dismissed motion to strike out parts of pleading alleging special rule of attribution of knowledge applicable to New South Wales Police Force - allegations that arresting police officers knew or must have known of unreliability of COPS computer system and should therefore have known that arrests not justified - primary judge's decision discretionary and on a matter of practice and procedure - no arguable error in trial judge's exercise of discretion - grant of leave would further delay hearing at first instance - leave to appeal refused Legislation Cited: Civil Procedure Act 2005 (NSW) Law Reform (Vicarious Liability) Act 1983 (NSW), s 8 Uniform Civil Procedure Rules 2005 (NSW), r 14.28 Young Offenders Act 1997 (NSW), s 31 Cases Cited: Champtaloup v Thomas [1976] 2 NSWLR 264 House v R [1936] HCA 40; 55 CLR 499 In re the Will of F B Gilbert (1946) 46 SR (NSW) 318 Category: Procedural and other rulings Parties: State of New South Wales (Applicant) Musa Konneh (Respondent) Representation: Counsel: M T McCulloch SC/D F Villa (Applicant) M B J Lee SC/M Nagy (Respondent) Solicitors: I V Knight, Crown Solicitor (Applicant) Maurice Blackburn Pty Ltd (Respondent) File Number(s): CA 2013/139996 Decision under appeal Jurisdiction: 9111 Citation: Konneh v State of New South Wales (No.2) [2013] NSWSC 390 Date of Decision: 2013-04-19 00:00:00 Before: Garling J File Number(s): 2011/187125