Cosenza v State of South Australia

Cosenza v State of South Australia concerned multiple tort claims against the State of South Australia. The applicant alleged trespass to the person, malicious prosecution, misfeasance in public office, false imprisonment, trespass to land, and damages for trespass to land. The matter was heard in the Supreme Court of South Australia. The legal issues before the court were whether the respondent's conduct constituted various torts and, if so, whether the applicant was entitled to any damages or other remedies.

The court considered whether the respondent's conduct amounted to trespass to the person, malicious prosecution, misfeasance in public office, false imprisonment, and trespass to land. The court found that the respondent's conduct did not amount to malicious prosecution or misfeasance in public office. However, the court did find that the respondent's conduct amounted to four instances of trespass to the person and one instance of trespass to land. The court also found that the applicant was not entitled to exemplary damages. The court concluded that the applicant was entitled to $40,000 in damages for the trespasses.

The court held that the respondent's conduct did not amount to malicious prosecution or misfeasance in public office because there was no evidence of malice or improper exercise of public duty. However, the court found that the respondent's conduct amounted to trespass to the person and trespass to land because the respondent failed to leave the applicant's property despite being asked to do so. The court also found that the applicant's limited efforts to convey that he revoked his implied licence contributed to the trespasses. The court declined to award exemplary damages because the respondent's conduct did not amount to a serious breach of the applicant's rights. The court awarded the applicant $40,000 in damages for the trespasses. The court reserved costs pending further submissions from the parties.