State of New South Wales (NSW Police) v Nominal Defendant

The Court of Appeal of New South Wales heard an appeal concerning a claim for damages arising from injuries sustained during a police pursuit. The appellant, the State of New South Wales (NSW Police), appealed against a decision that found it liable for the injuries of the respondent, the Nominal Defendant, who was the driver of a vehicle involved in the pursuit. The core of the dispute revolved around whether the actions of the police in initiating and continuing the pursuit broke the chain of causation for the respondent's injuries.

The central legal issues before the Court were whether the police officer's decision to initiate and continue the pursuit constituted negligence, and if so, whether this negligence caused the respondent's injuries. The Court also considered whether the respondent was contributorily negligent and whether the trial judge had made appropriate assumptions, supported by evidence, when assessing future economic loss under section 126 of the *Motor Accidents Compensation Act 1999* (NSW).

The Court of Appeal found that the trial judge erred in concluding that the police pursuit broke the chain of causation. The Court reasoned that the police officer's conduct in initiating and continuing the pursuit was a reasonable response to the circumstances and did not fall below the standard of care expected of a police officer in such a situation. Consequently, the Court determined that the police were not negligent and therefore not liable for the respondent's injuries.

The appeal was allowed, the verdict for the defendant/respondent was set aside, and the orders made by the trial judge were also set aside. The Court ordered that there be a verdict and judgment for the appellant, the State of New South Wales. The parties were directed to bring in short minutes of order reflecting these reasons within seven days.