Mina Reznytska v State of New South Wales

[2013] HCASL 26

MINA REZNYTSKA

v

STATE OF NEW SOUTH WALES

[2013] HCASL 26
S332/2012

1. On 27 January 2008, the applicant was being driven by her son when he was stopped by a member of the New South Wales police force for a random breath test.  The applicant's son was arrested after he became involved in an argument with police.  The applicant claims that she was forcibly removed from her son's vehicle and assaulted by police officers, causing bruising.  She commenced proceedings against the respondent in the District Court of New South Wales.

2. On 24 May 2011, the District Court (Finnane DCJ) found for the respondent.  Finnane DCJ gave little weight to the applicant's evidence in chief, an affidavit, finding that many of the words in it were not her own.  Finnane DCJ did not form a favourable view of the applicant and her son as witnesses, preferring the police evidence.  His Honour also said there was no satisfactory medical evidence to establish the injuries claimed.  Rejecting the applicant's claim of assault and battery, his Honour held that the force applied by police was no more than necessary to restrain the applicant from interfering with an arrest.

3. The applicant required leave to bring an appeal from that decision.  On 20 April 2012, the Court of Appeal of the Supreme Court of New South Wales (Young and Meagher JJA) refused that leave.  Their Honours held that, whilst there were some aspects of the evidence which the primary judge had not dealt with in his reasons, the applicant did not have sufficient prospects of success to warrant leave. 

4. The applicant requires an extension of time in which to file her application for special leave to appeal to this Court.  That extension should be granted, but the application for special leave dismissed.  The application does not raise any question of general principle.  The interests of justice do not require the grant of special leave.  Special leave is refused.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
13 March 2013 S.J. Gageler