SUPREME COURT OF QUEENSLAND
CITATION: Coleman v Watson & Shaw & Anor [2007] QSC 343 PARTIES: PATRICK JOHN COLEMAN
(Plaintiff)v
SENIOR CONSTABLE MITCHELL DOUGLAS WATSON
(First Defendant)CONSTABLE ASHLEY ROBERT SHAW
(Second Defendant)STATE OF QUEENSLAND
(Third Defendant)FILE NO/S: S344 of 2004 DIVISION: Trial Division PROCEEDING: Trial ORIGINATING COURT: Supreme Court at Townsville DELIVERED ON: 20 November 2007 DELIVERED AT: Supreme Court at Townsville HEARING DATE: 13 & 14 November 2007 JUDGES: Cullinane J ORDER: I give judgment for the plaintiff against the first defendant in the sum of $20,000 together with interest at the rate of ten per cent for 5.2 years producing a figure of $10,400 and a total of $30,400.
I give judgment for the plaintiff against the second defendant in the sum of $20,000 together with interest at the rate of ten per cent for 5.2 years producing a figure of $10,400 and a total of $30,400.
I give judgment for the plaintiff against the third defendant in the sum of $20,000 together with interest at the rate of ten percent for 5.2 years producing a figure of $10,400 and a total of $30,400.
I order that the first defendant, second defendant and third defendant pay the plaintiff’s costs of and incidental to the action to be assessed, such costs to be limited to the costs which would have been recoverable had the plaintiff instituted the proceedings in the Magistrate’s Court.
CATCHWORDS: POLICE – ACTIONS FOR WRONGFUL ARREST, TRESPASS AND OTHER WRONGS – GENERALLY – LIABILITY OF CROWN AND ITS EMPLOYEES – where plaintiff was not allowed by police into a sitting of parliament - where first and second defendant admitted liability for wrongful arrest and wrongful imprisonment.
TORT – JOINT OR SEVERAL TORTFEASORS – GENERALLY.
DAMAGES – COMPENSATORY DAMAGES – whether plaintiff is entitled to compensatory damages for the conduct of the first and second defendant.
DAMAGES – EXEMPLARY AND AGGRAVATED DAMAGES – where plaintiff after being told he could not enter the public area to view a sitting of parliament approached the media attracted there attention and gave a short speech – where plaintiff invited the police to speak with the media and the media to speak with the police – where plaintiff contends that the media coverage of his arrest was hurtful to him - whether in the circumstances exemplary and aggravated damages should be awarded.
Personal Injuries Proceedings Act 2002 (Qld)
Cassell and Co Ltd v Bruin (1972) A.C. 1027, considered
Henry v Thompson [1989] 2 Qd.R. 412, cited
Lamb v Cotogno (1987) 164 C.L.R 1, discussedCOUNSEL: The plaintiff appeared on his own behalf
Mr Rashleigh for the first, second and third defendantsSOLICITORS: The plaintiff appeared on his own behalf
Crown law for the first, second and third defendants
The plaintiff has instituted proceedings against the first and second defendants (both police officers) and the third defendant, the State of Queensland for damages for false imprisonment, assault and trespass to the person.
The third defendant is vicariously liable…
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- AGLC
- Coleman v Watson and Shaw [2007] QSC 343
- Case
- [2007] QSC 343
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the plaintiff was entitled to compensatory damages for the actions of the first and second defendants. Additionally, the court needed to decide if exemplary and aggravated damages were appropriate given the circumstances. The plaintiff had approached the media after being arrested, resulting in media coverage that the plaintiff claimed was hurtful. The court also had to consider the principle of joint and several liability in this context.
The court found that the plaintiff was entitled to compensatory damages for the wrongful arrest and imprisonment by the first and second defendants. The court awarded the plaintiff $20,000 in damages against each of the first, second, and third defendants, with interest accruing at ten percent for 5.2 years, resulting in a total of $30,400 per defendant. The court did not award exemplary or aggravated damages, finding that the media coverage did not warrant such an award under the circumstances. The court also ordered the defendants to pay the plaintiff's costs of the action, limited to what would have been recoverable had the proceedings been instituted in the Magistrate's Court.
Orders
Orders of the court
I give judgment for the plaintiff against the first defendant in the sum of $20,000 together with interest at the rate of ten per cent for 5.2 years producing a figure of $10,400 and a total of $30,400.
I give judgment for the plaintiff against the second defendant in the sum of $20,000 together with interest at the rate of ten per cent for 5.2 years producing a figure of $10,400 and a total of $30,400.
I give judgment for the plaintiff against the third defendant in the sum of $20,000 together with interest at the rate of ten percent for 5.2 years producing a figure of $10,400 and a total of $30,400.
I order that the first defendant, second defendant and third defendant pay the plaintiff’s costs of and incidental to the action to be assessed, such costs to be limited to the costs which would have been recoverable had the plaintiff instituted the proceedings in the Magistrate’s Court.
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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