Romani v State of New South Wales

The case of Romani v State of New South Wales involved a dispute regarding the entitlement to sue for trespass to land. The plaintiff, a family member of the registered proprietor who was in possession of the property, sought damages for trespass by police officers. The case was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether the plaintiff, as a family member of the registered proprietor who was permitted to reside on the property, had standing to sue for trespass to land. The court considered whether such a family member, who was a licensee, could claim damages for a violation of the right of exclusive possession. Additionally, the court had to determine the appropriate quantum of damages, including general, aggravated, and exemplary damages, for the trespass committed by the police officers.

The court held that the plaintiff, as a mere licensee, did not have the requisite entitlement to sue in trespass to land. Despite this, the court awarded general damages for the violation of the right of exclusive possession, as well as aggravated damages for the affront to family members permitted to reside on the property by the registered proprietor in possession. The court also awarded exemplary damages, despite the conduct not being malicious or knowingly unlawful, based on the severity of the trespass and the need for deterrence. Regarding the issue of costs, the court found that the commencement and continuation of proceedings in the Supreme Court, rather than the District Court, was not warranted under the Uniform Civil Procedure Rules.

No order was made as to costs in the proceedings.