Adams v Kennedy

[2000] NSWCA 152

Reported Decision: 49 NSWLR 78

New South Wales

Court of Appeal

CITATION:	Adams v Kennedy & Ors [2000] NSWCA 152 revised - 26/06/2000
FILE NUMBER(S):	CA 41034/98
HEARING DATE(S):	7 February 2000
JUDGMENT DATE:	26 June 2000
PARTIES :	James Adams v Gary Kennedy, Anthony Bordin, Robert Krause & The State of New South Wales
JUDGMENT OF:	Priestley JA at 1; Sheller JA at 40; Beazley JA at 41

LOWER COURT JURISDICTION :	District Court
LOWER COURT FILE NUMBER(S) :	77/97
LOWER COURT JUDICIAL OFFICER :	His Honour Judge Delaney

COUNSEL:	Appellant - A.B. Shand QC / B. Kinsella Respondents - B. Donovan QC / C. Lonergan
SOLICITORS:	Appellant - James Fuggle Solicitors Respondents - I.V. Knight, State Crown Solicitor
CATCHWORDS:	Trespass to land - Trespass to person - False imprisonment
LEGISLATION CITED:	Australian Courts Act 1828 (9 Geo IV c.83)
CASES CITED:	Christie v Leachinsky (1947) AC 573 Commonwealth of Australia v Murray (1988) Aust Torts Reports [80-207] Hooper v Lane (1859) 6 HLC 443; 10 ER 1368 Lamb v Cotogno (1987) 164 CLR 1 Lippl v Haines (1989) 18 NSWLR 620 Lynch v Hargrave [1971] VR 99 McLachlan v Mesics (1965) 84 WN (Pt 1) NSW 25 R v Parole Board Chairman (NT) (1986) 86 FLR 118 R v Stafford (1976) 13 SASR 392 Warke v Daire (1983) 32 SASR 321 8 A Crim R 254 Williams v R (1986) 161 CLR 278
DECISION:	Appeal allowed.

THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 41034/98
DC 77/97

PRIESTLEY JA
SHELLER JA
BEAZLEY JA

Monday, 26 June 2000

ADAMS v KENNEDY & ORS

TRESPASS TO LAND - TRESPASS TO PERSON - FALSE IMPRISONMENT - claims by plaintiff upheld in part by trial judge - appeal by plaintiff as to causes of action on which he failed, and on damages.

The trial judge found the following facts. Police officers went to the plaintiff’s residence and sought to arrest him without telling him the charge on which he was being arrested. He resisted, was injured by the force used by the police and was taken to a police station. He was kept in custody for some hours and charged with various offences of which he was later acquitted. In his proceedings against the police officers (and the State of New South Wales as vicariously responsible for them) the trial judge found them guilty of trespass to the person, but not of trespass to land or false imprisonment and refused to award exemplary damages.

On the plaintiff’s appeal, held, that on the facts found by trial judge, the plaintiff had established trespass to land and false imprisonment as well as trespass to the person, and was entitled to exemplary damages. The damages were increased.

ORDERS

1. Appeal upheld.
2. The judgment of the trial judge set aside.
3. In its place judgment for the plaintiff is ordered in the sum of $160,000 (being the sum of $50,000 general damages and $10,000 for the plaintiff’s reduced earning capacity as…