Cullen v. State of New South Wales
Case No.
S47/2025
Case Information
Lower Court Judgment
20/12/2024 Supreme Court of New South Wales (Court of Appeal) (Gleeson and Kirk JJA, White JA)
Catchwords
Negligence – Duty of care – Public authorities – Injury – Bystander – Whether police officers owe duty to take reasonable care to avoid risk of harm to class of persons in immediate vicinity of operational response during protest march – Risk of harm in police actions inflicting physical injury on identified class of persons – s 43A of Civil Liability Act 2002 (NSW) – Breach – Whether regard to be had to police obligations to take actions to prevent breaches of the peace even in crowded situations – Causation – Whether conduct of the officers was causative of the harm suffered by the appellant – Whether beyond the scope of the respondent's legal liability under s 5D(1)(b) of the Civil Liability Act 2002 (NSW).
Documents*
03/04/2025 Determination
17/04/2025 Notice of appeal
22/05/2025 Written submissions (Appellant)
22/05/2025 Chronology (Appellant)
19/06/2025 Written submissions (Respondent)
10/07/2025 Reply
*The due dates shown for documents on this page are indicative only.