Ferdinands v Commissioner of Police

The High Court of Australia heard an appeal from the Supreme Court of Victoria in a dispute between Mr. Ferdinands and the Commissioner of Police. Mr. Ferdinands sought to recover damages for alleged wrongful arrest and detention.

The central legal issue before the High Court was whether the Commissioner of Police was vicariously liable for the actions of a police officer who, acting on a mistaken belief that Mr. Ferdinands had committed an offence, arrested and detained him. Specifically, the court had to consider the scope of employment of a police officer and whether the officer's actions, though mistaken, fell within that scope.

The High Court held that the Commissioner of Police was not vicariously liable. The court reasoned that while police officers are empowered to arrest individuals suspected of committing offences, an arrest made under a mistaken belief that an offence has been committed, where no such belief is reasonably held, does not fall within the scope of the officer's employment. The officer's actions were considered to be outside the authority conferred upon them by law, and therefore, the Commissioner could not be held vicariously responsible. The appeal was dismissed.