Zoran Divis v Georgia Knight & Ors [2019] NSWSC 1344

Zoran Divis v Georgia Knight & Ors [2019] NSWSC 1344

The plaintiff's statement of claim and proposed amendments fail to disclose any reasonable cause of action against the named defendants due to (a) statutory and common law immunities for judicial officers, police officers and witnesses, and (b) failure to plead material facts with sufficient specificity, rendering all claims untenable.

Parties
Plaintiff: Zoran Divis; First Defendant: Georgia Knight; Second Defendant: Roger Clisdell; Third Defendant: Richard Peter Miszalski; Fourth Defendant: Glenn Bartley; Fifth Defendant: Lance Templeton; Sixth Defendant: Brett McFadden; Seventh Defendant: Wayne Cox; Eighth Defendant: Tania Robinson; Ninth Defendant: Paul Conlon; 10th Defendant: Graeme Henson; 11th Defendant: Christopher Miller; 12th Defendant: Scott Lonard; 13th Defendant: Troy Martin; 14th Defendant: Gareth Shepherd; 15th Defendant: Anthony D'Agostino; 16th Defendant: Leigh-Ann Pilgrim; 17th Defendant: Lee Gorman; 18th Defendant: Kylie Hedges; 19th Defendant: John Willetts; 20th Defendant: Michael Blades; 21st Defendant: Barry Wademan; 22nd Defendant: Lisa Collier
Jurisdiction
Australia
Judgment Date
04 October 2019
Procedural Posture
Civil / Application to Dismiss/strike Out Proceedings
Outcome
Proceedings dismissed
Legal Topics
Judicial Immunity, Witness Immunity, Vicarious Liability, Police Tort Claims, Pleading Requirements, Dismissal of Proceedings
Common Law Judicial Immunity Witness Immunity Vicarious Liability Police Tort Claims Pleading Requirements Dismissal of Proceedings

Case Brief

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Parties

Zoran Divis

Plaintiff

Georgia Knight

First Defendant

Roger Clisdell

Second Defendant

Richard Peter Miszalski

Third Defendant

Glenn Bartley

Fourth Defendant

Lance Templeton

Fifth Defendant

Brett McFadden

Sixth Defendant

Wayne Cox

Seventh Defendant

Tania Robinson

Eighth Defendant

Paul Conlon

Ninth Defendant

Graeme Henson

10th Defendant

Christopher Miller

11th Defendant

Scott Lonard

12th Defendant

Troy Martin

13th Defendant

Gareth Shepherd

14th Defendant

Anthony D'Agostino

15th Defendant

Leigh-Ann Pilgrim

16th Defendant

Lee Gorman

17th Defendant

Kylie Hedges

18th Defendant

John Willetts

19th Defendant

Michael Blades

20th Defendant

Barry Wademan

21st Defendant

Lisa Collier

22nd Defendant

Procedural Posture

Civil / Application to Dismiss/strike Out Proceedings

Legal Issues

  1. 1 Whether the statement of claim discloses a reasonable cause of action against defendants
  2. 2 Whether claims against police officers can be brought directly under s 9B of the Law Reform (Vicarious Liability) Act 1983
  3. 3 Whether claims against judicial officers are barred by judicial immunity

Ratio Decidendi

The plaintiff's statement of claim and proposed amendments fail to disclose any reasonable cause of action against the named defendants due to (a) statutory and common law immunities for judicial officers, police officers and witnesses, and (b) failure to plead material facts with sufficient specificity, rendering all claims untenable.

Court Disposition

Proceedings dismissed

Orders

  • The proceedings are dismissed pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005.
  • Leave to amend statement of claim refused.