Valdemar Ian Valder v The State of New South Wales [2014] NSWSC 876

Supreme Court New South Wales

Medium Neutral Citation: Valdemar Ian Valder v The State of New South Wales [2014] NSWSC 876 Hearing dates: 20 May 2014 Decision date: 01 July 2014 Before: Rothman J Decision: 1) Judgment for the defendant; 2) The plaintiff shall pay the defendant's costs of and incidental to the proceedings, as agreed or assessed; 3) The parties have liberty within 14 days of the publication of this judgment to apply for a different or special costs order by submission of no more than three (3) pages and any party affected by any such application shall, within a further 14 days from receipt of the application, have liberty to file a response thereto, again by submission of no more than three (3) pages; 4) Proceedings otherwise dismissed. Catchwords: TORT - NEGLIGENCE - allegation that police breached duty by not acting as delivery service for documents - no liability - damage said to be failure of criminal appeal and sentence by District Court - no relevant damage Legislation Cited: Civil Liability Act 2002 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Adeels Palace Pty Ltd v Moubarak [2009] HCA 48; (2009) 239 CLR 420 Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] HCA 61; (2000) 205 CLR 254 Strong v Woolworths Limited [2012] HCA 5; (2012) 246 CLR 182 Sullivan v Moody [2001] HCA 59; (2001) 207 CLR 562 Sutherland Shire Council v Heyman [1985] HCA 41; (1985) 157 CLR 424 Category: Principal judgment Parties: Valdemar Ian Valder (Plaintiff) The State of New South Wales (Defendant) Representation: Counsel: Self-represented (Plaintiff) M Hutchings (Defendant) Solicitors: Self-represented (Plaintiff) Henry Davis York (Defendant) File Number(s): 2012/300384 Publication restriction: None