Cullen v State of New South Wales

The plaintiff, Cullen, sought compensation from the State of New South Wales for injuries sustained during a police intervention at a rally. Several police officers had charged into the crowd to extinguish a suspected fire, resulting in the plaintiff's injury. The primary legal issues before the court were whether the police owed a duty of care to the attendees of the rally, whether the imposition of such a duty would conflict with the statutory obligations under the Police Act 1990 (NSW) and the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), whether there was a breach of any such duty, and whether the injuries sustained by the plaintiff were reasonably foreseeable. Additionally, the court considered whether the plaintiff's injuries resulted from the lawful exercise of the police power of arrest and whether there were grounds for liability based on assault and battery.

The court found that the police do not owe a duty of care to attendees of a rally in the circumstances presented. The court held that imposing such a duty would conflict with the statutory obligations of the police under the relevant Acts. Furthermore, the court determined that the police officers' actions were not reckless and did not amount to an assault or battery. The court concluded that the plaintiff's injuries were not reasonably foreseeable given the chaotic nature of the event, and thus, there was no breach of duty. Consequently, the plaintiff's claim was dismissed.

The court's decision was grounded in the understanding that the police's primary duty is to maintain public order and safety, which can sometimes necessitate forceful intervention. The court emphasised that the foreseeability of harm and the compatibility of a duty of care with statutory obligations were key factors in determining liability. The court found no legal basis for holding the police liable for the injuries sustained by the plaintiff in these circumstances.