Mina Reznytska v State of New South Wales; Boris Reznystki v State of New South Wales [2010] NSWDC 326

Mina Reznytska v State of New South Wales; Boris Reznystki v State of New South Wales [2010] NSWDC 326

The Court struck out significant parts of the statements of claim because they referred to police officers who could not be sued directly, attempted to pursue malicious prosecution despite there being no acquittal, or failed to plead material facts. The claims against the police defendants in Mr Reznytski's proceeding were dismissed. The plaintiffs' applications for unconditional dismissal of the State's motions and for judgment were not granted; instead, the State was ordered to file defences by a specified date, with the summary judgment motions to be dismissed if that occurred.

Jurisdiction
Australia
Judgment Date
07 December 2010
Procedural Posture
Civil Proceedings Alleging Assault, Wrongful Arrest and Unlawful Detention / Interlocutory Notices of Motion
Outcome
State's strike-out motions granted in part; plaintiffs' dismissal and summary judgment motions not granted; directions and pro bono referral ordered; each party to bear their own costs of the motions.
Legal Topics
['assault' 'wrongful Arrest' 'unlawful Detention' 'wrongful Detention' 'strike Out of Pleadings' 'malicious Prosecution' 'summary Judgment' 'pro Bono Referral']
['civil Law' 'torts' 'civil Procedure' 'police Liability' 'vicarious Liability'] ['assault' 'wrongful Arrest' 'unlawful Detention' 'wrongful Detention' 'strike Out of Pleadings' 'malicious Prosecution' 'summary Judgment' 'pro Bono Referral']

Case Brief

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Procedural Posture

Civil Proceedings Alleging Assault, Wrongful Arrest and Unlawful Detention / Interlocutory Notices of Motion

Legal Issues

  1. 1 ['Whether parts of each first amended statement of claim should be struck out because they referred to police officers as defendants, unavailable causes of action, malicious prosecution, or matters that were not material facts.' 'Whether proceedings against the police defendants should be dismissed in light of s 9B(2) of the Law Reform (Vicarious Liability) Act 1983.' 'Whether the plaintiffs should obtain judgment against the State of New South Wales because it had not yet filed a defence.' 'Whether the plaintiffs should be referred for pro bono legal assistance.']

Ratio Decidendi

The Court struck out significant parts of the statements of claim because they referred to police officers who could not be sued directly, attempted to pursue malicious prosecution despite there being no acquittal, or failed to plead material facts. The claims against the police defendants in Mr Reznytski's proceeding were dismissed. The plaintiffs' applications for unconditional dismissal of the State's motions and for judgment were not granted; instead, the State was ordered to file defences by a specified date, with the summary judgment motions to be dismissed if that occurred.

Court Disposition

State's strike-out motions granted in part; plaintiffs' dismissal and summary judgment motions not granted; directions and pro bono referral ordered; each party to bear their own costs of the motions.

Orders

  • ["Proceedings against the fourth to twelfth named defendants in Mr Reznytski's first amended statement of claim filed on 24 September 2010 were dismissed." "Paragraphs 3 and 4 of Mr Reznytski's first amended statement of claim were struck out insofar as they referred to police officers." "Material in the first half...