Brown v State of New South Wales; Brown v State of New South Wales; Copeland v State of New South Wales

The plaintiffs, Brown and Copeland, brought separate actions against the State of New South Wales alleging negligence on the part of police officers during a nighttime search for a person. The actions were consolidated for hearing in the Supreme Court of New South Wales. The plaintiffs contended that the officers' failure to adequately search for the missing person, particularly in relation to the use of technology and resources available, constituted negligence. The defendants, the State of New South Wales, argued that the officers' conduct met the required standard of care under the circumstances.

The court was required to determine whether the plaintiffs had made out a prima facie case of negligence against the State, and if so, whether the officers' actions were reasonable under the circumstances. Additionally, the court had to consider the implications of an impending High Court appeal in another related matter on the scheduling of the hearing in these cases. Specifically, the court needed to decide whether to vacate the hearing to allow the High Court appeal to be finalised first, or to proceed with the hearing as scheduled.

In dismissing the Notices of Motion seeking to vacate the hearing, the court held that the matters could proceed concurrently without prejudice to either party. The court found that the plaintiffs had not demonstrated a sufficient connection between the impending High Court appeal and the issues in these cases to warrant a delay. The court emphasised the importance of the right to a timely hearing and the need to avoid unnecessary adjournments. Consequently, the court ordered that the hearing proceed as scheduled, with the costs of the Notices of Motion to be costs in the cause.

The final orders of the court were that the Notices of Motion filed on 6 August 2025 and 7 August 2025 were dismissed, with the costs of those motions to be costs in the cause. The hearing scheduled to commence on 3 November 2025 was confirmed, and parties were granted liberty to apply on three business days’ notice.