Chen v State of New South Wales

In *Chen v State of New South Wales*, the applicants appealed to the Court of Appeal of New South Wales against a judgment of the District Court. The applicants had brought proceedings against the State of New South Wales, alleging wrongful arrest, trespass to the person, and assault and battery. A central element of the dispute concerned the conduct of police officers during the applicants' arrest, including the use of physical force and the alleged deletion of images from a camera.

The Court of Appeal was required to determine whether the trial judge had erred in failing to make a finding regarding the deletion of photographs from a camera by police officers, and the relevance of these photographs to the applicants' case. Furthermore, the court had to consider whether the trial judge's findings of fact, which were largely based on an acceptance of the police officers' evidence, were sound, particularly in light of the disputed issue of the deleted images and its impact on the credibility of the police. The appeal also involved questions concerning the reasonableness of the force used by the police during the arrest and in preventing the commission of further offences.

The Court of Appeal found that the trial judge's failure to make a finding on the deletion of the photographs constituted a substantial wrong or miscarriage of justice, as these images were relevant to the applicants' case and the issue of police credibility. The court reasoned that the resolution of credibility issues, particularly where photographs might have provided objective evidence, was crucial. Consequently, the court determined that a new trial was necessary to properly address these matters.

The Court of Appeal granted the applicants leave to appeal, set aside the judgment and orders of the District Court, and directed that the costs of the first trial be in the discretion of the judge on the retrial. The respondent was ordered to pay the applicants' costs in the Court of Appeal.