Wang v State of New South Wales

The appeal concerned an interlocutory decision of the Common Law Division of the Supreme Court of New South Wales, which had dismissed the plaintiff's proceedings and ordered her to pay the defendant's costs. The plaintiff, Li Wang, sought to bring claims against the State of New South Wales arising from alleged police misconduct.

The primary legal issues before the Court of Appeal were whether the primary judge erred in dismissing the plaintiff's statement of claim and whether the plaintiff should have been granted limited leave to replead. This involved determining whether the statement of claim, as filed, raised any reasonable cause of action, particularly in relation to alleged failures of police to respond to a complaint and notify the complainant of a hearing date, and whether any such claims were barred by the relevant limitation periods under the *Limitation Act 1969* (NSW). The court also considered the application of rules concerning the striking out of pleadings and the granting of leave to replead.

The Court of Appeal allowed the appeal, setting aside the order dismissing the statement of claim. The court reasoned that while the original statement of claim was deficient and should be struck out, the plaintiff should have been granted limited leave to replead. This leave was specifically confined to a claim against the State of New South Wales concerning the conduct of Senior Constable Richard Kennedy between 10 January and 27 July 2004, following a complaint of alleged assault. The leave excluded claims by the plaintiff's husband and against various other named individuals, including other police officers, a police prosecutor, the Director of Public Prosecutions, and a member of the NSW Police Legal Services, as well as claims in respect of the present proceedings. The court also made no order as to the costs of the motions determined in the Common Law Division and ordered the respondent to pay the appellant's costs in the Court of Appeal. Furthermore, the appellant was referred to the Registrar for assistance from a barrister on the Pro Bono Panel experienced in tort claims against public authorities for help in drafting a fresh statement of claim.