Eaves v Donelly & Anor

[2011] QDC 207

DISTRICT COURT OF QUEENSLAND

CITATION:

Eaves v Donelly & Anor [2011] QDC 207

PARTIES:

RENEE TERRI EAVES
(Plaintiff)

v

BARRY JOHN DONELLY
(First Defendant)

and

STATE OF QUEENSLAND
(Second Defendant)

FILE NO/S:

D705 of 2008

DIVISION:

PROCEEDING:

ORIGINATING COURT:

DELIVERED ON:

15 September 2011

DELIVERED AT:

Brisbane

HEARING DATE:

8, 9, 10 and 11 August 2011

JUDGE:

Samios DCJ

ORDER:

Judgment for the plaintiff against the defendants for the sum of $93,000 inclusive of interest.

CATCHWORDS:

STATUTES:

CASES:

TORT – false imprisonment – police – wrongful arrest – damages

Personal Injuries Proceedings Act2002
Police Powers And Responsibilities Act2000 (reprint no. 4F) – s 198
Police Service Administration Act1990 – s 10.5

Cassell & Co. Ltd v Broome (1972) AC 1027 at pp 1124-1126 applied
Coleman v Watson & Shaw [2007] QSC 343 applied
Couchy v Birchley (2005) QDC 334 considered
Cubillo v Commonwealth (No. 2) (2000) 103 FCR 1 at 354-355 cited
Ferguson v State of Queensland & Anor [2007] QSC 322 applied
Henry v Thompson [1989] 2 Qd R 412 cited
Lamb v Cotogno (1987) 164 CLR 1, 8 applied
Ruddock v Taylor (2005) CLR 612, 650-651 cited

COUNSEL:

The plaintiff was self represented
Ms Philipson of Counsel (Counsel for the first and second defendants)

SOLICITORS:

The plaintiff was self represented
G R Cooper, Crown Solicitor for the first and second defendants

1. The plaintiff claims the first defendant, who was a police officer, arrested and handcuffed the plaintiff for the alleged offence of disqualified driving.  The plaintiff claims she did not drive whilst disqualified as claimed by the first defendant.  At a later hearing before a Magistrate the plaintiff was found not guilty of the alleged offence. 

1. The plaintiff claims that all up, from the time she was arrested and handcuffed to the time she was released from the watch house, it was a period of about two and a half hours. 

1. This action is the plaintiff’s claim against the first defendant for damages for false imprisonment on the ground her arrest and handcuffing was not excused or justified by law. 

1. The plaintiff’s claim against the second defendant is on the ground that the second defendant is liable for the first defendant’s wrongful actions (s10.5 Police Service Administration Act 1990).

1. The plaintiff was born on 29 April 1976.

1. At about 5.45 pm on 16 March 2006 the first defendant came to the plaintiff’s home at Unit 110, 54 Vernon Terrace, Teneriffe, Brisbane with Constable Mann where they spoke to the plaintiff.

1. The defendants say the suburb was Newstead but nothing turns on this.

1. At the plaintiff’s home the first defendant spoke to the plaintiff in relation to her allegedly driving a motor vehicle on Commercial Road, Teneriffe whilst being a person who was disqualified from holding a driver’s licence.

1. It is agreed the alleged offence occurred approximately 20 minutes before the first defendant attended the plaintiff’s home.

1. Whilst at the plaintiff’s home the first defendant told the plaintiff he had observed her…