State of New South Wales v Thomlinson

The Court of Appeal of New South Wales heard an appeal by the State of New South Wales against a verdict and judgment entered in favour of the respondent, Mr. Thomlinson. The dispute concerned Mr. Thomlinson's forcible removal from licensed premises by police officers. The central question was whether the police were lawfully entitled to remove Mr. Thomlinson, and if so, whether their actions constituted assault and false imprisonment.

The court was required to determine several legal issues. These included whether Mr. Thomlinson's licence to remain on the premises could be revoked at any time without cause, thereby entitling the occupier to remove him using reasonable force. The court also considered whether the premises qualified as a "common inn" and whether the licence had been effectively revoked by security guards acting on behalf of the hotelier. Furthermore, the court examined the application of section 77(2)(a) of the Liquor Act 2007 (NSW), which permits an authorised person to remove a person from licensed premises if they are intoxicated, violent, quarrelsome, or disorderly, and whether an authorised person, in this instance a police officer, must hold a belief regarding the specific characteristic relied upon to justify the exercise of this power. The court also had to determine if Mr. Thomlinson was indeed "intoxicated" or "quarrelsome" as defined by the Act.

The Court of Appeal allowed the appeal, setting aside the original verdict and judgment. The court reasoned that the licence to remain on the premises was revocable at will by the hotelier, and that the security guards, acting as agents for the hotelier, had validly revoked Mr. Thomlinson's licence. Consequently, the police, having been requested to assist in his removal, were entitled to use reasonable force to effect that removal. The court found that the conditions for removal under section 77(2)(a) of the Liquor Act 2007 (NSW) were met, and that the police officers had acted lawfully. The court ordered that the original judgment and costs orders be set aside, and that Mr. Thomlinson repay a sum of $100,000 to the appellant, along with interest. The parties were also directed to file submissions regarding a new trial or re-trial and the costs of the proceedings at first instance.