Morro v Australian Capital Territory

The case of Morro v Australian Capital Territory involved two individuals, Paul Brian Morro and Toorage Andrew Ahadizad, who sought compensation for unlawful detention by the Australian Capital Territory. The dispute centred on whether section 18(7) of the Human Rights Act 2004 (ACT) created an independent statutory right to compensation for breaches of human rights, specifically in relation to unlawful detention. The matter was heard in the Federal Court of Australia.

The court was required to determine the scope and effect of section 18(7) of the Human Rights Act, particularly whether it established a statutory right to compensation for breaches of human rights. The court also had to assess the appropriate measure of damages for the injuries sustained by the plaintiffs, including the extent to which general, aggravated, and exemplary damages were warranted.

The court concluded that section 18(7) did indeed create an independent statutory right to compensation for breaches of human rights, contrary to the Explanatory Statement's assertion that it did not intend to create a new remedy. The court held that the statutory right to compensation under section 18(7) should be treated as co-extensive with the common law remedy for torts such as false imprisonment. The court awarded general damages to compensate for injury to the plaintiffs' liberty, humiliation, and indignity, but found that the circumstances did not warrant aggravated or exemplary damages.

The court ordered that Paul Brian Morro be awarded $95,000.00 in general damages, including $6,083.00 for legal costs related to his habeas corpus application. Toorage Andrew Ahadizad was awarded $55,000.00 in general damages, including $4,906.00 for legal costs related to his habeas corpus application. Additionally, Toorage Andrew Ahadizad was awarded $40,000.00 in general damages, including $7,697.12 for legal costs related to his habeas corpus application.