CITATION: Photi v Target Australia Pty Ltd [2007] NSWDC 265 HEARING DATE(S): 25/6/07-27/6/07 (hearing), 9/8/07, 24/8/07, 18/9/07, 4/10/07, 9/11/07, 23/11/07
JUDGMENT DATE:
11 December 2007JURISDICTION: Civil JUDGMENT OF: Gibson DCJ DECISION: (1) Judgment for the plaintiff in relation to the claim for wrongful arrest, false imprisonment and defamation in the sum of $50,000; (2) Judgment for the plaintiff in relation to the claim for assault in the sum of $10,000; (3) Punitive damages of $25,000 (for causes of action other than defamation) awarded to the plaintiff; (4) Parties have leave to bring in Short Minutes of Order in relation to interest for the claims for general and aggravated compensatory damages; (5) Liberty to restore re costs and interest; (6) Exhibits retained for 28 days. CATCHWORDS: Tort - assault - plaintiff arrested by store security officer - wrongful arrest - false imprisonment - defamation - justification - late plea of qualified privilege - damages - aggravated compensatory damages - punitive damages claim for causes of action other than defamation LEGISLATION CITED: Civil Liability Act 2002 (NSW)
Crimes Act 1900 (NSW), ss.352 and 195
Defamation Act 1974 (NSW), ss.7A, 13, 15, 16 and 46A
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss.99 and 100CASES CITED: Adam v Ward [1917] AC 309
Ainsworth v Burden [2005] NSWCA 174
Amalgamated Television Services Pty Ltd v Marsden [2002] NSWCA 419
Bellino v Australian Broadcasting Commission (1996) 185 CLR 183
Bennett v Norban 151A.2d 476 (Pa.1959)
Beoco Ltd v Alfa Laval Co Ltd [1994] 4 All ER 464
Chamberlain v R (No 2) (1984) 153 CLR 521
Coyne v Citizen Finance Ltd (1991) 172 CLR 211
Crampton v Nugawela (1996) 41 NSWLR 176
Cretazzo v Lombardi (1975) 13 SASR 4
Goodrich Aerospace Pty Ltd v Arsic (2006) 66 NSWLR 186
Guise v Kouvelis (1946) SR (NSW) 419
Howe and McCullough v Lees (1910) 11 CLR 361
John Lewis & Co v Tims [1952] AC 676
Marsden v Amalgamated Television Services Pty Ltd [2003] NSWCA 186
McDonald v Coles Myer Ltd (1995) Aust Tort Rep 81-361
Myer Stores v Soo [1991] 2 VR 597
Roberts v Bass (2002) 212 CLR 1
Rogers v Nationwide News Pty Ltd (2003-2004) 216 CLR 327
Shepherd v R (1990) 170 CLR 573
Skalkos v Assaf [2002] NSWCA 14
State of Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146
State of New South Wales and Anor v Coleman [2000] NSWCA 183
State of New South Wales v Ibbett [2005] NSWCA 445
State of New South Wales v Ibbett (2006) 231 ALR 485
TCN Channel 9 Pty Ltd v Antoniadis (1998) 44 NSWLR 682
Trantum v McDowell [2007] NSWCA 138
Zaravinos v State of New South Wales (2004) 62 NSWLR 58
Zaravinos v State of New South Wales [2004] NSWCA 320
Zarth v Williamson and Ors [2006] NSWCA 246PARTIES: Plaintiff: Julia Photi
Defendant: Target Australia Pty LtdFILE NUMBER(S): 3364 of 2006 COUNSEL: Plaintiff: C A Evatt / L Evans
Defendant: M BarkoSOLICITORS: Plaintiff: Stephen Spinak…
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Details
- AGLC
- Photi v Target Australia Pty Ltd [2007] NSWDC 265
- Case
- [2007] NSWDC 265
- Decision Date
CaseChat Overview and Summary
The matter before the court was between Photi, the plaintiff, and Target Australia Pty Ltd, the defendant, concerning a dispute arising from an incident at one of Target's retail stores. The plaintiff alleged wrongful arrest, false imprisonment, defamation, and assault against the defendant, which occurred when a store security officer detained the plaintiff based on suspicion of shoplifting. The case was heard in the Federal Circuit Court of Australia.
The court had to determine whether the defendant's actions constituted wrongful arrest, false imprisonment, defamation, and assault, and if so, whether the defendant could rely on a late plea of qualified privilege in relation to the defamation claim. Additionally, the court needed to assess whether the plaintiff was entitled to aggravated compensatory damages and whether the defendant was liable for punitive damages for causes of action other than defamation.
The court found that the plaintiff's detention was unlawful, and therefore, the defendant was liable for wrongful arrest and false imprisonment. The court also held that the defendant's actions constituted defamation and assault against the plaintiff. The court found that the defendant's late plea of qualified privilege did not apply to the defamation claim. The plaintiff was awarded $50,000 for the wrongful arrest, false imprisonment, and defamation claims, and $10,000 for the assault claim. The court awarded punitive damages of $25,000 for causes of action other than defamation. The parties were granted leave to bring in Short Minutes of Order in relation to interest for the claims for general and aggravated compensatory damages. The parties were also given liberty to restore regarding costs and interest. The exhibits were retained for 28 days.
The court had to determine whether the defendant's actions constituted wrongful arrest, false imprisonment, defamation, and assault, and if so, whether the defendant could rely on a late plea of qualified privilege in relation to the defamation claim. Additionally, the court needed to assess whether the plaintiff was entitled to aggravated compensatory damages and whether the defendant was liable for punitive damages for causes of action other than defamation.
The court found that the plaintiff's detention was unlawful, and therefore, the defendant was liable for wrongful arrest and false imprisonment. The court also held that the defendant's actions constituted defamation and assault against the plaintiff. The court found that the defendant's late plea of qualified privilege did not apply to the defamation claim. The plaintiff was awarded $50,000 for the wrongful arrest, false imprisonment, and defamation claims, and $10,000 for the assault claim. The court awarded punitive damages of $25,000 for causes of action other than defamation. The parties were granted leave to bring in Short Minutes of Order in relation to interest for the claims for general and aggravated compensatory damages. The parties were also given liberty to restore regarding costs and interest. The exhibits were retained for 28 days.
Orders
Orders of the court
(1) Judgment for the plaintiff in relation to the claim for wrongful arrest, false imprisonment and defamation in the sum of $50,000; (2) Judgment for the plaintiff in relation to the claim for assault in the sum of $10,000; (3) Punitive damages of $25,000 (for causes of action other than defamation) awarded to the plaintiff; (4) Parties have leave to bring in Short Minutes of Order in relation to interest for the claims for general and aggravated compensatory damages; (5) Liberty to restore re costs and interest; (6) Exhibits retained for 28 days.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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