State of New South Wales v Plum [2015] NSWSC 1566

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Plum [2015] NSWSC 1566 Hearing dates: 19 October 2015 Date of orders: 27 October 2015 Decision date: 27 October 2015 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The plaintiff's notice of motion filed 21 August 2015 is dismissed.

(2) The plaintiff is to pay the defendant's costs as agreed or assessed on an ordinary basis. Catchwords: CIVIL PROCEDURE – application to transfer proceedings from District Court to Supreme Court – whether there is sufficient reason to transfer – whether there are complex issues to be determined – complexity of determining whether police officers owed a duty of care to plaintiff during arrest and detention in police vehicle - whether the proceedings involve issues of public importance Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Mental Health Act 1986 (Vic) Cases Cited: Brooks v Commissioner of Police of the Metropolis [2005] 2 All ER 489; [2005] 1 WLR 1495 Cran v State of New South Wales [2004] NSWCA 92; (2004) 62 NSWLR 95 Hill v Chief Constable of West Yorkshire [1989] AC 53; [1988] 2 All ER 238 Kirkland-Veenstra v Stuart and Others (2008) 23 VR 1; [2008] VSCA 32 Parry v WGE Engineering Pty Ltd [2003] NSWSC 337 Rinbac v Owners Strata Plan No 64972 (2010) 77 NSWLR 601; [2010] NSWSC 656 Ryner Pty Ltd v Roller [2007] NSWSC 372 Stuart v Kirkland-Veenstra (2009) 237 CLR 215; [2009] HCA 15 Tabbaa v TCN Channel Nine Pty Ltd [2015] NSWSC 920 Tame v New South Wales; Annetts v Australian Stations Pty Ltd (2002) 211 CLR 317; [2002] HCA 35 Younes v QIC Ltd trading as Westpoint Blacktown [2012] NSWSC 451 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Debra Fay Plum (Defendant) Representation: Counsel: M Hutchings (Plaintiff) R Perla (Defendant)