Huntley v State of NSW, Department of Police and Justice (Corrective Services NSW) (No. 2)

Huntley v State of NSW, Department of Police and Justice (Corrective Services NSW) (No. 2) concerned a claim brought by the applicant, Mr Huntley, against the respondent, the State of New South Wales, Department of Police and Justice (Corrective Services NSW). The dispute arose from the respondent's alleged failure to provide Mr Huntley with adequate and appropriate medical treatment during his period of incarceration. The proceedings were heard in the District Court of New South Wales.

The primary legal issue before the court was whether the respondent had breached its duty of care to Mr Huntley by failing to provide him with reasonable medical treatment, thereby causing him harm. This involved determining the standard of care owed by Corrective Services NSW to inmates, the nature and extent of the medical treatment required, and whether the treatment provided met that standard. The court also considered the causal link between any alleged breach and the injuries or suffering sustained by Mr Huntley.

Judge Nicholls found that Corrective Services NSW had breached its duty of care to Mr Huntley. The court's reasoning focused on the evidence presented regarding Mr Huntley's medical condition and the treatment he received, or failed to receive, while in custody. The principles applied included the common law duty of care owed by an employer to an employee, which extends to the duty of a custodian to an inmate, requiring reasonable steps to prevent foreseeable harm. The court determined that the respondent had failed to take such reasonable steps in providing Mr Huntley with appropriate medical attention for his diagnosed conditions.

Consequently, the court ordered that the respondent pay damages to Mr Huntley in an amount to be assessed.