Cumming v State of NSW [2008] NSWSC 690

Cumming v State of NSW [2008] NSWSC 690

The claim that police owed a duty of care to the family of a missing person in the course of a missing persons investigation is untenable at law; established authority and policy considerations preclude such a duty absent a specific assumption of responsibility or extraordinary circumstances, which were neither pleaded nor present here.

Jurisdiction
Australia
Judgment Date
09 July 2008
Procedural Posture
Procedural and Other Rulings / Summary Judgment Application
Outcome
Plaintiffs' amended statement of claim dismissed as against the first defendant; costs awarded to the first defendant.
Legal Topics
['duty of Care' 'negligence of Police' 'vicarious Liability' 'summary Judgment']
['tort Law' 'professional Negligence'] ['duty of Care' 'negligence of Police' 'vicarious Liability' 'summary Judgment']

Case Brief

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Procedural Posture

Procedural and Other Rulings / Summary Judgment Application

Legal Issues

  1. 1 ['Whether the police owed a duty of care to the family of a missing person in the conduct of their investigation and subsequent handling of the unidentified body.']

Ratio Decidendi

The claim that police owed a duty of care to the family of a missing person in the course of a missing persons investigation is untenable at law; established authority and policy considerations preclude such a duty absent a specific assumption of responsibility or extraordinary circumstances, which were neither pleaded nor present here.

Court Disposition

Plaintiffs' amended statement of claim dismissed as against the first defendant; costs awarded to the first defendant.

Orders

  • ["The plaintiffs' amended statement of claim filed 27 February 2008 is dismissed as against the first defendant." "The plaintiffs are to pay the first defendant's costs of the motion and of the proceedings as agreed or assessed."]