Wang v NSW

[2009] NSWCA 340

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Summary dismissal
4. › Whether inadequate pleading properly construed
5. › Whether statement of claim disclosed reasonable cause of action beyond those considered by primary judge
1. Tort
2. › Intentional tort
3. › Misfeasance by police officers
4. › Distinction between negligence and intentional tort in police liability
5. › Whether factual allegations could support intentional tort claim
1. Tort
2. › Breach of statutory duty
3. › Police Act 1990 (NSW)
4. › Whether breach of general obligations under ss 7 and 150 gives rise to civil action for damages
5. › Police Act 1990 (NSW), ss 7, 150
1. Tort
2. › Negligence
3. › Duty of care
4. › Police officers
5. › Investigation and prosecution of offences
6. › Civil Liability Act 2002 (NSW), ss 43, 43A

Quick Take

Breach of the general obligations in ss 7 and 150 of the Police Act 1990 (NSW) cannot give rise to a civil claim for damages. However, factual allegations of deliberate misconduct by police officers may support intentional tort claims even where negligence claims would fail. Courts should consider whether deficient pleadings, particularly from self-represented litigants, could support alternative causes of action before dismissing proceedings generally rather than striking out with leave to replead.