State of New South Wales v Ibbett

The Court of Appeal of New South Wales, comprising Spigelman CJ, Ipp and Basten JJA, heard an appeal and cross-appeal concerning damages awarded to the respondent, Mr Ibbett, for assault and trespass committed by police officers acting in the course of their duty. The State of New South Wales, as the appellant, challenged the appropriateness of exemplary and aggravated damages awarded against it, and the respondent sought to vary the District Court's orders regarding these damages.

The central legal issues before the Court were whether the Civil Liability Act 2002 (NSW) precluded an award of exemplary and/or aggravated damages against the State in these circumstances, and if so, whether section 3B(1)(a) of that Act operated to exclude its application. This latter provision concerns proceedings with respect to an intentional act done with intent to cause injury, and the Court was required to consider the principle of coherence in applying the Act.

The Court reasoned that section 3B(1)(a) of the Civil Liability Act 2002 (NSW) did operate to exclude the application of the Act to the respondent's claims for assault and trespass, as these were intentional acts done with the intent to cause injury. Consequently, the limitations on damages imposed by the Act did not apply. The Court dismissed the State's appeal, finding that exemplary and aggravated damages were indeed appropriate. However, the Court allowed the cross-appeal in part, varying the District Court's orders to increase the award for aggravated damages for the assault and to re-assess the exemplary damages for both the assault and the trespass. The final judgment entered for the plaintiff was $105,000, and the appellant was ordered to pay the respondent's costs of the appeal and cross-appeal.