State of NSW v Knight

The Court of Appeal of New South Wales heard an appeal in the matter of *State of New South Wales v Knight*. The dispute concerned allegations of assault, and the central question revolved around the admissibility and effect of post-hypnosis evidence in the context of claims for trespass and negligence.

The primary legal issue before the court was whether there was an "overlay" between the causes of action for trespass and negligence, particularly in light of evidence obtained through hypnosis. This required the court to consider the principles established in *Williams v Milotin* (1957) 97 CLR 465 concerning the relationship between these two torts and how the introduction of post-hypnosis evidence might impact their application.

The court's reasoning focused on the established legal principles governing trespass and negligence, and the evidential challenges posed by post-hypnosis testimony. The court ultimately determined that the appeal should be dismissed. The appeal was dismissed with costs.