Coleman v. Watson & Shaw & Anor

Coleman brought proceedings against Watson, Shaw, and another defendant (referred to as the third defendant), seeking damages for wrongful arrest, trespass, and other related wrongs. The case was heard in the Supreme Court of New South Wales. The dispute arose when the plaintiff was denied entry to a sitting of parliament by the police, leading to his arrest and subsequent imprisonment. Both the first and second defendants admitted liability for the wrongful arrest and imprisonment.

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.