Saffari v WA

[2024] WASCA 77

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Parties
3. › Removal of party
4. › Whether party improperly or unnecessarily joined
5. › Whether statutory immunity engaged at pleading stage
6. › Whether questions of statutory construction should be resolved at interlocutory stage or at trial
7. › Rules of the Supreme Court 1971 (WA), O 18 r 6(2)(a)
1. Torts
2. › Negligence
3. › Police liability
4. › Statutory immunity from action in tort
5. › Whether immunity extends to all acts performed in official capacity or only to functions involving otherwise tortious conduct
6. › Whether provision of criminal record information for a fee falls within scope of immunity
7. › Police Act 1892 (WA), s 137(3), s 137(5)(a)
1. Appeal
2. › Leave to appeal
3. › Interlocutory decision
4. › Whether decision attended by sufficient doubt
5. › Whether substantial injustice
6. › Whether substantive rights adversely affected
7. › Supreme Court Act 1935 (WA), s 60(1)(f)

Quick Take

The scope of the immunity in s 137(3) of the Police Act 1892 (WA) remains unresolved, particularly whether it extends to all acts in official capacity or only to functions involving otherwise tortious conduct, and this question should generally be determined at trial rather than at an interlocutory stage.