Makucha v Richardson [2008] NSWSC 945

The plaintiff's summons discloses no reasonable cause of action because declaratory relief against the exercise of police investigatory functions regarding COPS entries is not justiciable, being excluded by public policy and police immunity, and therefore is beyond the jurisdiction and discretion of the Court.

Jurisdiction: Australia
Judgment Date: 15 September 2008
Procedural Posture: Civil / Final Judgment
Outcome: plaintiff's summons dismissed; costs to defendant
Legal Topics: ['declaratory Relief' 'exercise of Statutory Powers' 'police Immunity' 'cops System' 'no Reasonable Cause of Action' 'power to Strike Out Proceedings' 'discretionary Relief']

['common Law' 'police Law'] ['declaratory Relief' 'exercise of Statutory Powers' 'police Immunity' 'cops System' 'no Reasonable Cause of Action' 'power to Strike Out Proceedings' 'discretionary Relief']

Case Brief

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Procedural Posture

Civil / Final Judgment

Legal Issues

1 ["Whether the plaintiff is entitled to declaratory relief regarding the defendant's exercise of police powers in respect of COPS entry E119355594." 'Whether the summons discloses a reasonable cause of action and is justiciable in the circumstances.' 'Whether police officers are immune from liability in negligence or subject to declaratory relief in respect of COPS system entries.']

Ratio Decidendi

Court Disposition

plaintiff's summons dismissed; costs to defendant

Orders

["The plaintiff's summons filed on 13 February 2008 is dismissed." "The plaintiff is to pay the defendant's costs."]