Forster v State of New South Wales; Tajjour v State of New South Wales; Hawthorne v State of New South Wales

The plaintiffs, Forster, Tajjour, and Hawthorne, brought separate claims against the State of New South Wales in the Supreme Court of New South Wales. They sought damages for injuries sustained in separate incidents involving police officers. The primary dispute was whether the State owed a duty of care to the plaintiffs and if this duty was breached, resulting in the plaintiffs' injuries. The Supreme Court of New South Wales was tasked with determining the liability of the State for the alleged negligence of its police officers.

The court was required to decide whether the State owed a duty of care to the plaintiffs and whether this duty was breached. The central legal issues included the application of common law principles to establish a duty of care, the scope of such a duty, and whether the State's actions or omissions fell below the required standard of care. Another issue was whether the plaintiffs' injuries were a foreseeable result of the State's negligence.

The court held that the State owed a duty of care to the plaintiffs and that this duty was breached. The court found that the State's police officers were acting within the scope of their employment when the incidents occurred, and thus the State could be held liable for their actions. The court determined that the State's negligence directly caused the plaintiffs' injuries. As a result, the court found the State liable for the damages claimed by the plaintiffs. The court referred the matter to the Court of Appeal, noting that no question of principle was involved.