Dorante-Day v State of Queensland

Dorante-Day sought to have the Queensland Police Service investigate his complaints of criminal offences and sought damages for the police's failure to do so. The Queensland Police Service applied for summary judgment or for the statement of claim to be struck out. The court had to decide whether Dorante-Day had a reasonable cause of action or real prospect of success.

The court considered whether Dorante-Day had a cause of action for breach of statutory duty, negligence, or under the Human Rights Act 2019 (Qld). The court held that Dorante-Day's claims were speculative, without any evidence to support them. The court found that there was no statutory duty imposed on the Queensland Police Service to investigate every complaint made to them. The court also held that Dorante-Day had not shown a real prospect of success in his claims of negligence or under the Human Rights Act. The court held that Dorante-Day could not rely on a breach of the Human Rights Act as a cause of action in the absence of an independent cause of action.

The court granted summary judgment in favour of the Queensland Police Service and dismissed Dorante-Day's claims.

Pursuant to r 293(2) of the UCPR, judgment is entered for the defendant.