Doolan v State of New South Wales [2023] NSWSC 990

Doolan v State of New South Wales [2023] NSWSC 990

Leave was granted to the plaintiff to institute proceedings nunc pro tunc as a person in custody, as the claim was not an abuse of process and had prima facie prospects. An order was made for separate hearing of liability and quantum given the complexity and delay associated with assessment of damages.

Parties
Plaintiff/applicant: Dennis John Doolan; Defendant/respondent: State of New South Wales
Jurisdiction
Australia
Judgment Date
17 August 2023
Procedural Posture
Civil / Procedural Rulings on Motions; Leave to Institute Proceedings and Order for Separate Hearings
Outcome
Plaintiff granted leave to commence proceedings nunc pro tunc; order for separate hearing of liability and quantum; costs orders made.
Legal Topics
Leave to Commence Proceedings by Convicted Person in Custody, Severance of Liability and Quantum, Assessment of Damages, Police Use of Force, False Imprisonment, Malicious Prosecution
Civil Procedure Personal Injury Leave to Commence Proceedings by Convicted Person in Custody Severance of Liability and Quantum Assessment of Damages Police Use of Force False Imprisonment Malicious Prosecution

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Parties

Dennis John Doolan

Plaintiff/applicant

State of New South Wales

Defendant/respondent

Procedural Posture

Civil / Procedural Rulings on Motions; Leave to Institute Proceedings and Order for Separate Hearings

Legal Issues

  1. 1 Whether the plaintiff requires and should be granted leave to commence proceedings as a person in custody under the Felons (Civil Proceedings) Act 1981 (NSW)
  2. 2 Whether questions of liability should be determined separately from questions of quantum/damages

Ratio Decidendi

Leave was granted to the plaintiff to institute proceedings nunc pro tunc as a person in custody, as the claim was not an abuse of process and had prima facie prospects. An order was made for separate hearing of liability and quantum given the complexity and delay associated with assessment of damages.

Court Disposition

Plaintiff granted leave to commence proceedings nunc pro tunc; order for separate hearing of liability and quantum; costs orders made.

Orders

  • Leave granted to plaintiff to institute proceedings against defendant nunc pro tunc pursuant to sections 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW)
  • Plaintiff's costs of the application are costs in the cause.