Irwin v State of Queensland

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

COMMON LAW DIVISION

No. 3559 of 2010

CHRISTINE IRWIN	Plaintiff
v
STATE OF QUEENSLAND	Defendant

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JUDGE:	ROBSON J
WHERE HELD:	Melbourne
DATE OF HEARING:	13 May 2011
DATE OF JUDGMENT:	27 June 2011
CASE MAY BE CITED AS:	Irwin v State of Queensland
MEDIUM NEUTRAL CITATION:	[2011] VSC 291

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PRACTICE AND PROCEDURE – Application to transfer proceedings to Supreme Court of Queensland – The plaintiff’s son was unlawfully killed in the course of his duties as a Queensland police officer – The plaintiff, then in the Northern Territory, allegedly suffered nervous shock injuries as result – The plaintiff, residing in Victoria commenced proceedings for damages against the Queensland government (the Queensland police) – Application to transfer proceeding to the Supreme Court of Queensland - Whether interests of justice that proceeding be determined in the Supreme Court of Queensland – Plaintiff’s medico legal experts and treating doctors practicing in Melbourne – Witnesses of police actions in Queensland – Plaintiff suffering psychiatric injuries – Difficulties to plaintiff of conducting proceeding in Queensland – Relevance of video link evidence discussed – Application refused – Section 5 Jurisdiction of Courts (Cross-vesting) Act 1997.

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APPEARANCES:	Counsel	Solicitors
For the Applicant/Defendant	Mr R W Dyer	Victorian Government Solicitor
For the Respondent/Plaintiff	Mr J P Brett	Arnold Thomas & Becker

HIS HONOUR:

INTRODUCTION AND SUMMARY

1. Mrs Irwin’s son, Brett Andrew Irwin, was murdered in Brisbane whilst on police duties.  Mrs Irwin was residing in the Northern Territory at the time.  She now lives in Melbourne.  Mrs Irwin claims to have suffered psychological and psychiatric injuries as a result of her learning of the death of her son.  She has issued proceedings in the Supreme Court of Victoria claiming negligence on the part of the Queensland Police in dispatching her son to the home of the man who murdered him.

1. Constable Irwin was a constable in the Queensland police.  On the night of his killing, he was on duty at the police station at Ferny Grove in north-west Brisbane.  At the time, Sergeant Kylie Dunn was acting as the shift supervisor and station sergeant.  Sergeant Dunn dispatched Constable Irwin and Constable Edwards to execute a warrant against Mr Craig Semyraha at 6 Regan Street, Keperra in north-west Brisbane.  They arrived at the premises at about 10.30pm.  Shortly afterwards, Constable Irwin was shot, apparently by Craig Semyraha.  The Special Emergency Response Team (SERT) attended.  SERT entered the house and found Craig Semyraha had turned his gun on himself with a single shot to the temple.  He was dead.  Constable Irwin was found in the yard of the premises.  He was also dead.

1. Earlier that night, and unknown to Sergeant Dunn or the two constables, Craig Semyraha had committed an armed  robbery at a motel in Kippa-Ring to the north of Brisbane.  His involvement in the armed robbery was not discovered by the police until after he killed himself.

1. Mrs Irwin claims that the Queensland police failed…