Stankovic v State of New South Wales [2016] NSWCA 168

Stankovic v State of New South Wales [2016] NSWCA 168

No claim in negligence can be maintained against the Land and Environment Court because such cause of action does not exist under general law and, therefore, the State cannot be vicariously liable. Extension of time granted due to absence of prejudice but leave to appeal dismissed due to lack of prospects.

Parties
Applicant: Milovan Stankovic; First Respondent: State of New South Wales; Second Respondent: Land and Environment Court
Jurisdiction
Australia
Judgment Date
08 July 2016
Procedural Posture
Appeal / Application for Leave to Appeal
Outcome
Leave to appeal dismissed; costs ordered against applicant
Legal Topics
Vicarious Liability, Judicial Immunity, Extension of Time
Tort Law Civil Procedure Vicarious Liability Judicial Immunity Extension of Time

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Parties

Milovan Stankovic

Applicant

State of New South Wales

First Respondent

Land and Environment Court

Second Respondent

Procedural Posture

Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to bring a claim for damages arising from a judgment of the Land and Environment Court
  2. 2 Whether the State is vicariously liable for alleged negligence of the Court or its judicial officers
  3. 3 Whether extension of time for filing leave to appeal should be granted

Ratio Decidendi

No claim in negligence can be maintained against the Land and Environment Court because such cause of action does not exist under general law and, therefore, the State cannot be vicariously liable. Extension of time granted due to absence of prejudice but leave to appeal dismissed due to lack of prospects.

Court Disposition

Leave to appeal dismissed; costs ordered against applicant

Orders

  • Extend the time within which the summons seeking leave to appeal should be filed to 2 May 2016.
  • Dismiss the summons seeking leave to appeal from the judgment of Davies J given in the Common Law Division on 8 February 2016.