Baranov v Morton

Case [2020] NSWDC 384


District Court


New South Wales

Medium Neutral Citation: Baranov v Morton [2020] NSWDC 384
Hearing dates: 13-15 May 2020
Date of orders: 19 May 2020
Decision date: 18 May 2020
Jurisdiction:Civil
Before: Neilson DCJ
Decision:

Verdict and judgment for the plaintiff against the defendant for $95,916.

Catchwords:

TORTS – FALSE IMPRISONMENT.

P arrested on two occasions, 7 January 2016 and 8 March 2016, on complaints made by D to police, which complaints were false. Whether D liable for the imprisonments. Whether D active in promoting and causing the arrests of P.

DAMAGES – Costs of defending charges laid by police not natural and probable consequence of the false imprisonments. Costs incurred in goading police to charge and prosecute D not natural and probable consequence of the false imprisonments. Claim for aggravated compensatory damages not pleaded or particularised. Claim for exemplary damages not particularised. Neither aggravated nor exemplary damages awarded.

Legislation Cited:

Crimes Act 1900

Migration Act 1958

Passenger Transport Regulation 2007

Cases Cited:

Aitken v Bedwell (1827) 173 ER 1084

Lassanah v State of NSW (No 3) [2010] NSWDC 241

Myers Ltd v Soo [1991] 2 VR 597

Re Patterson; Ex parte Taylor (2001) 207 CLR 391

Ruddock v Taylor [2003] NSWCA 262; (2003) 58 NSWLR 269

Ruddock et ors v Taylor [2005] HCA 48; (2005) 222 CLR 612

State of NSW v Cuthbertson [2018] NSWCA 320

State of NSW v Koumdjiev [2005] NSWCA 247; (2005) 63 NSWLR 353

Williams v Spautz (1992) 174 CLR 509

Texts Cited:

Trinidade et al., Law of Torts in Australia, Oxford University Press, 4th Ed. (2007)

Category:Principal judgment
Parties: Plaintiff – Edward Baranov
Defendant – Anastasia Morton
Representation:

Plaintiff – R. Chen (Counsel)
T. Stack (SS Lawyers)

Defendant – In person
File Number(s): 2019/00318642
Publication restriction: Nil.

Judgment

  1. HIS HONOUR: As I approach the 26th anniversary of my appointment to the Bench, I must observe that this is perhaps the most painfully contentious matter that I have been called upon to determine. The case has been marked by antagonism and bitterness between the plaintiff and the defendant, and the desire of each to denigrate the other. It has also been complicated by the fact that the defendant is unrepresented.

Whether the defendant can be liable for imprisonment by the police

  1. The plaintiff’s causes of action are in the tort of false imprisonment. The plaintiff was imprisoned on 7 January 2016 and also on 8 March 2016 as a result of complaints made by the defendant to the NSW Police. The actual detention of the plaintiff was by the NSW Police, not the defendant. It is accordingly necessary to consider how the defendant might be liable to the plaintiff for the two false imprisonments alleged.

  2. This takes me to the course of the litigation in Taylor v Ruddock. Graham Ernest Taylor was born in the United Kingdom in 1956. He came to Australia with his family in 1966 at the age of nine. He had never applied under…

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Details
AGLC
Baranov v Morton [2020] NSWDC 384
Case
[2020] NSWDC 384
Decision Date

CaseChat Overview and Summary

The case of Baranov v Morton involved the plaintiff, Baranov, who was arrested on two occasions by police following false complaints made by the defendant, Morton. Baranov sought damages for false imprisonment, alleging that Morton was actively involved in promoting and causing the arrests. The court was required to determine whether Morton was liable for the false imprisonments and whether he was actively involved in the process.

The court considered the nature of the false complaints made by Morton and the subsequent arrests of Baranov. It assessed whether Morton's actions were active in promoting and causing the arrests. The court also examined the damages claimed by Baranov, including costs of defending the charges, costs of goading the police, and claims for aggravated and exemplary damages. The court found that the costs of defending the charges and the costs of goading the police were not natural and probable consequences of the false imprisonments. Additionally, the court held that the claims for aggravated and exemplary damages were not pleaded or particularised adequately.

The court found Morton liable for the false imprisonments and awarded Baranov damages of $95,916. The court did not award aggravated or exemplary damages due to the deficiencies in the pleadings. The judgment and verdict were in favour of the plaintiff, Baranov, against the defendant, Morton, for the specified amount.

Orders

Orders of the court

Verdict and judgment for the plaintiff against the defendant for $95,916.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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