Haque v Victorian Police

[2010] VSCA 219

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Pleadings
3. › Statement of claim
4. › Striking out
5. › Statement of claim manifestly defective
6. › Failure to plead material facts
7. › Confusing narrative intermixed with argument
8. › County Court Civil Procedure Rules, r 13.02, r 23.02
1. Practice and Procedure
2. › Parties
3. › Identification of defendants
4. › Whether 'Victorian Police' is a legal entity capable of being sued
5. › Requirement to name proper defendant
6. › Police Regulation Act 1958 (Vic), s 123
1. Appeal
2. › Leave to appeal
3. › County Court to Court of Appeal
4. › Whether decision wrong or attended with sufficient doubt
5. › Whether substantial injustice in leaving decision unreversed

Quick Take

'Victoria Police' (or 'Victorian Police') is not a legal entity capable of being sued. The proper defendant in proceedings arising from police conduct in Victoria is the State of Victoria, or identified individual members of Victoria Police, or both, with s 123 of the Police Regulation Act 1958 (Vic) providing the mechanism for attaching liability to the State.

Case Details

Citation[2010] VSCA 219

CourtVSCA

JurisdictionVictoria

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The full text is available to signed-in members, including the 3 later cases that cite this judgment.

Cited by3

2015Haque v State of VictoriaVSCA 83
2013Haque v State of Victoria & OrsVSCA 316
and 1 more after sign-in

Relies on4

1999Konrad v Victoria PoliceFCA 988
and 3 more after sign-in

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