Fuller-Wilson v NSW

[2018] NSWCA 218

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary disposal
3. › Dismissal of proceedings
4. › Whether proceedings disclose reasonable cause of action
5. › Novel duty of care claim
6. › Whether summary dismissal appropriate where arguable case for incremental development of common law
7. › Uniform Civil Procedure Rules 2005 (NSW), r 13.4
1. Negligence
2. › Duty of care
3. › Police officers
4. › Public authorities
5. › Whether police officers owed duty of care to relatives of deceased in removing body from accident scene
6. › Whether duty would give rise to conflicting obligations with statutory functions
7. › Salient features analysis
8. › Sullivan v Moody (2001) 207 CLR 562
9. › Civil Liability Act 2002 (NSW), ss 42, 43A
1. Negligence
2. › Duty of care
3. › Public authorities
4. › Circumstances in which public authorities owe duty of care in performance of statutory functions
5. › Whether duty precluded on basis of inconsistent obligations
6. › Close examination of terms, scope and purpose of relevant statutory regime
7. › Graham Barclay Oysters Pty Ltd v Ryan (2002) 211 CLR 540
1. Negligence
2. › Duty of care
3. › Police officers
4. › Hill principle
5. › Whether principle that police owe no duty of care in investigation of crime extends to removal of deceased's remains from accident scene
6. › Assumption of responsibility
7. › Hill v Chief Constable of West Yorkshire [1989] AC 53

Quick Take

A novel claim that police officers owe a duty of care to relatives of a deceased in respect of the removal of the deceased's body from an accident scene is sufficiently arguable to survive summary dismissal, given uncertainty in the High Court's formulation of the 'conflicting claims or obligations' standard in Sullivan v Moody.