Wang v State of New South Wales

The applicants, Ms Li Wang and Mr Yu Liu, sought leave to appeal from a summary dismissal of their claim against the State of New South Wales. Ms Wang alleged that she suffered injuries, loss, and damage as a result of the actions of officers of the New South Wales Police Force. The claim arose from an incident on 10 January 2004, where Ms Wang alleged she was assaulted by her landlord and that the police failed to attend or provide assistance when she subsequently reported the assault. Further allegations included being insulted, denied an interpreter, and deceived into signing an untrue statement by Senior Constable Kennedy, as well as claims of deception leading to the dismissal of proceedings and the creation of a forged document. The State of New South Wales had filed a defence asserting that the statement of claim was embarrassing and difficult to plead to.

The court was required to determine whether the proposed appeal from the summary dismissal should be granted. This involved considering whether the statement of claim, despite its arguably inadequate pleading, could be properly construed to disclose a cause of action. Specifically, the court needed to assess the nature of the claims, which appeared to encompass intentional torts, such as misfeasance on the part of a police officer, and potentially breaches of statutory duty or a duty of care in the investigation and prosecution of offences.

Basten and Macfarlan JJA granted leave to appeal, noting that the applicant was to be referred to the Registrar for assistance in preparing for the appeal. The court extended the time for filing and service of the Notice of Appeal. The reasoning for granting leave was not detailed in the provided text, but the orders indicate that the court considered there to be sufficient grounds to permit the appeal to proceed. The State of New South Wales was confirmed as the respondent.