New South Wales v Hunt

The New South Wales Police Force appealed to the Court of Appeal of New South Wales against a District Court judgment in favour of Mr. Hunt. Mr. Hunt had brought proceedings against the Police Force for malicious arrest, assault and battery, and misfeasance in public office.

The Court of Appeal was required to determine whether the trial judge had erred in law by failing to adequately address substantial components of the defence case, specifically in relation to competing testimonial evidence and separate heads of damages. A further issue concerned whether the trial judge’s findings, including an implicit finding of fabrication of evidence by a police officer, had resulted in a substantial miscarriage of justice, notwithstanding that a submission of fabrication had not been formally put to the officer during cross-examination.

The Court of Appeal found that the trial judge had failed to grapple with significant aspects of the defence, including the credibility of competing witnesses in light of independent evidence, and had not properly addressed all heads of damages claimed. Crucially, the Court determined that the trial judge’s findings, particularly concerning the alleged fabrication of evidence by a police officer, had led to a substantial miscarriage of justice. The agreement not to pursue "Browne v Dunn" points did not preclude this finding.

Consequently, the Court of Appeal set aside the verdict and orders of the District Court and remitted the matter for a retrial. The respondent was ordered to pay the costs of the appeal, with a certificate for the Suitor's Fund, and the costs of the first trial were left to the discretion of the judge presiding at the retrial.