Fernando v State of New South Wales

Fernando v State of New South Wales involved a claim for false imprisonment against the State of New South Wales by the plaintiff, Fernando. Fernando was arrested for allegedly hindering police in the arrest of her grandson, for whom two arrest warrants had been issued. Fernando brought the action against the State of New South Wales, claiming that her arrest was unlawful. The dispute centred on whether there was an arguable case that Fernando had hindered police, the interpretation of the word "hinder", and whether the arrest was justified to prevent the fabrication of evidence.

The court had to determine whether there was an arguable case that Fernando hindered the police by interfering with their lawful duties. The meaning of "hinder" was also considered, along with whether the police had reasonable grounds to believe that Fernando was hindering them. Furthermore, the court had to assess whether the arrest was justified to prevent the fabrication of evidence, considering the legal principles surrounding false imprisonment claims against police officers.

The court found that there was no arguable case that Fernando hindered the police. The court held that the word "hinder" implied an active interference with the police's lawful duties, and that Fernando's actions did not meet this threshold. The court also found that the police had reasonable grounds to believe that Fernando was hindering them, as they had information suggesting she was attempting to obstruct the arrest of her grandson. Finally, the court determined that the arrest was justified to prevent the fabrication of evidence, as the police were acting in good faith to execute the arrest warrants.

The court ordered a verdict and judgment in favour of the defendant against the plaintiff. The plaintiff was also ordered to pay the defendant's costs on the ordinary basis until 27 April 2017 and thereafter on an indemnity basis.