Strano v Australian Capital Territory (No 2)

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SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Strano v Australian Capital Territory (No 2)

Citation:

[2016] ACTSC 206

Hearing Date:

10 February 2016

DecisionDate:

5 August 2016

Before:

Penfold J

Decision:

1.   Judgment for the defendant on the plaintiff’s claim for compensation begun in the Magistrates Court by Originating Claim dated 19 December 2012.

2.   The plaintiff is to pay the defendant’s costs.

Catchwords:

PROCEDURE – Costs – court’s discretion to make no order as to costs in a “test case” – whether plaintiff’s action a “test case” – proceedings asserted to be for the primary objective of testing scope of statutory cause of action under Human Rights Act in comparison to common law action for wrongful imprisonment – relevance of plaintiff seeking compensation to determination of whether action a “test case” – action not a “test case” – plaintiff to pay defendant’s costs.

Legislation Cited:

Human Rights Act 2004 (ACT), s 18(7)

Cases Cited:

Andrews v Australia and New Zealand Banking Group Ltd (2012) 247 CLR 205

Attrill v Richmond River Shire Council (1995) 38 NSWLR 545
Barlow v The Law Society of the Australian Capital Territory [No 2] [2013] ACTSC 82
CSR Limited v Eddy (2005) 226 CLR 1
Insurance Australia Ltd & Anor v Albrecht (No 2) [2015] ACTSC 94
Jacka v Australian Capital Territory [2015] ACTSC 239
Morroand Ors v Australian Capital Territory (2009) 234 FLR 71
Oshlack v Richmond River Council (1998) 193 CLR 72
Rowe v Electoral Commissioner (2010) 243 CLR 1
Sluggett v Human Rights & Equal Opportunity Commission [2002] FCA 1060
State of South Australia v Lampard-Trevorrow [2008] SASC 370

Strano v Australian Capital Territory [2016] ACTSC 4

Parties:

Salvatore Strano (Plaintiff)

Australian Capital Territory (Defendant)

Representation:

Counsel

Mr T Crispin (Plaintiff)

Mr P Garrisson SC (Defendant)

Solicitors

John O’Keefe (Plaintiff)

ACT Government Solicitor (Defendant)

File Number:

SC 308 of 2014

Background

  1. On 2 February 2016 I delivered judgment in the matter of Strano v Australian Capital Territory [2016] ACTSC 4. The plaintiff had claimed compensation from the ACT for what he said was unlawful imprisonment for a period of three months in 2005. The claim was based on a cause of action said to arise under s 18(7) of the Human Rights Act 2004 (ACT) independent of the common law tort of false imprisonment. In a strike-out application brought by the ACT, I concluded that, whatever the nature of the plaintiff’s claim against the ACT, it had been filed after the expiry of the relevant limitation period and could not be maintained.

  1. On 10 February 2016 I heard the parties on the orders that would be necessary to give effect to my judgment of 2 February 2016. On that day the defendant submitted that the appropriate order would be judgment in favour of the defendant. The plaintiff did not consent to this order, but nor did he make submissions opposing it.   I shall make this order to finalise the proceedings.

Costs order

  1. Also at the 10…

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Details
Case
[2016] ACTSC 206
Decision Date

CaseChat Overview and Summary

The case of Strano v Australian Capital Territory (No 2) involved the plaintiff, Mr Strano, who was seeking compensation from the Australian Capital Territory for alleged wrongful imprisonment. The proceedings were initially commenced in the Magistrates Court and subsequently transferred to the Supreme Court. The legal issues before the court included the interpretation of the statutory cause of action under the Human Rights Act and whether the case could be classified as a "test case." Specifically, the court had to determine whether the plaintiff's primary objective was to test the scope of the statutory cause of action compared to the common law action for wrongful imprisonment. Additionally, the court had to consider whether the plaintiff's pursuit of compensation was relevant to the determination of whether the action was a "test case."

The court found that the plaintiff's action was not a "test case" because the primary objective was not to test the scope of the statutory cause of action but rather to seek compensation for wrongful imprisonment. The court reasoned that since the plaintiff was genuinely seeking compensation and not just testing the law, the action did not qualify as a "test case." Consequently, the court exercised its discretion to order that the plaintiff pay the defendant's costs. The court also dismissed the plaintiff's claim for compensation.

In summary, the court held that the plaintiff's action was not a "test case," and therefore, the plaintiff was ordered to pay the defendant's costs. The plaintiff's claim for compensation was dismissed, and judgment was entered in favor of the defendant.

Orders

Orders of the court

1. Judgment for the defendant on the plaintiff’s claim for compensation begun in the Magistrates Court by Originating Claim dated 19 December 2012.

2. The plaintiff is to pay the defendant’s costs.

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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