Stankovic v State of NSW [2016] NSWSC 18

Supreme Court New South Wales

Medium Neutral Citation: Stankovic v State of NSW [2016] NSWSC 18 Hearing dates: 29 January 2016 Date of orders: 08 February 2016 Decision date: 08 February 2016 Jurisdiction: Common Law Before: Davies J Decision: (1) The two Notices of Motion filed by the Plaintiff on 16 November 2015 are dismissed. (2) The proceedings are dismissed. (3) The Plaintiff should pay the Defendants' costs. Catchwords: PROCEDURE – summary dismissal – whether arguable case demonstrated – claim alleging negligence of a judicial officer in making orders – allegation that the State of New South Wales is vicariously liable for the judge's negligence – abuse of process – attempt to re-litigate matters previously determined adversely to plaintiff - form of pleading – proceedings dismissed COURTS AND JUDGES – judicial immunity – whether orders and reasons of a judge can give rise to tortious liability – whether the State is vicariously liable for acts of judicial officers Legislation Cited: Judicial Officers Act 1986 (NSW) Land and Environment Court Act 1979 (NSW) Land and Environment Court Rules 1996 (NSW) Law Reform (Vicarious Liability) Act 1983 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cameron v Qantas Airways Ltd and Anor [2010] NSWSC 899 Crimmins v Stevedoring Industry Finance Committee [1999] HCA 59; (1999) 200 CLR 1 Dare v Pulham (1982) 148 CLR 658 Hammond v State of New South Wales [2013] NSWSC 1930 Hammond v State of New South Wales [2015] NSWCA 304 McGuirk v The University of New South Wales [2009] NSWSC 1424 Rajski v Powell (187) 11 NSWLR 522 Rippon v Chilcotin [2001] NSWCA 142; (2001) 53 NSWLR 198 Stankovic v Hills Shire Council (No 3) [2012] FCA 523 Stankovic v The Hills Shire Council [2015] NSWCA 279 Wentworth v Wentworth [2000] NSWCA 350; (2001) 52 NSWLR 602 Yeldhem v Rajski (1989) 18 NSWLR 48 Category: Procedural and other rulings Parties: Milovan Stankovic (Plaintiff) State of New South Wales (First Defendant) Land and Environment Court of New South Wales (Second Defendant) Representation: Counsel: In person (Plaintiff) G Sarginson (Defendants)