McFadzean v Construction, Forestry, Mining and Energy Union

In the case of McFadzean v Construction, Forestry, Mining and Energy Union, the plaintiff sought damages for false imprisonment, public nuisance, and particular damage, as well as exemplary and aggravated damages, following an incident during an anti-logging protest. The protest involved environmentalists being detained by logging contractors, which led to the plaintiff's claims. The court was tasked with determining whether the plaintiff's detention constituted false imprisonment, if the obstruction of the public highway by loggers constituted public nuisance and particular damage, and if the respondents were adequately punished by the compensatory costs ordered.

The court examined the elements of false imprisonment, focusing on whether the perceived total restraint by the joint tortfeasors made any forms of egress available unreasonable. It concluded that the respondents were not liable for false imprisonment because the egress available to the plaintiff was not unreasonable. Regarding public nuisance and particular damage, the court found that the degree of nuisance did not go beyond general inconvenience and dismissed the claims. The court also considered whether the compensatory costs adequately punished the respondents and found no error in the exercise of discretion.

The court addressed the issue of exemplary and aggravated damages, concluding that the respondents had been adequately punished by the order for payment of compensatory costs. Additionally, the court exercised its discretion to order the proportions of costs to reflect the mixed success and failure of the plaintiff's claims. It issued a single order to facilitate taxation and considered the fair and just exercise of discretion in all circumstances.

The court ultimately dismissed the plaintiff's claims for false imprisonment, public nuisance, and particular damage, and affirmed the adequacy of the compensatory costs ordered as punishment. It also confirmed the proportionality of the costs awarded, reflecting the mixed outcomes of the litigation.