District Court
New South Wales
Medium Neutral Citation: Wang v State of NSW [2018] NSWDC 375 Hearing dates: 7, 8, 9, 10, 11 March, 2, 3, 4, 5, 6, 10, 204 May & 26 August 2016, 23 February 2018, (Last submissions 13 March 2018) Date of orders: 07 December 2018 Decision date: 07 December 2018 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. Verdict and judgment for the plaintiff against the defendant, including interest, in the amount of $48,598.89;
2. The exhibits may be returned;
3. I will hear the parties on the question of costs;
4. Liberty to apply on 7 days’ notice if further or other orders are required.Catchwords: TORTS – intentional torts – police officers – alleged wrongful arrest, assault, battery, wrongful imprisonment following arrest pursuant to a warrant – allegation of wrongful arrest not pressed; DAMAGES – assessment of general compensatory and aggravated damages for an extended period of wrongful imprisonment due to a delay in bringing the plaintiff before the Court in accordance with the terms of the warrant for his arrest Legislation Cited: Civil Procedure Act 2005, s 98, s 100,
Crown Proceedings Act 1988, s 5
Law Enforcement (Powers and Responsibilities) Act 2002, s 101, s 201, Pt 9
Law Reform (Vicarious Liability) Act 1983, s 8
Local Court Rules 2009, r 1.3, r 7.1
Uniform Civil Procedure Rules 2005, Sch 7 cl 5(1)(c), r 31.27(1)(c)Cases Cited: Browne v Dunn (1893) 6 R 67
Coyle v State of New South Wales [2006] NSWCA 95
Ruddock v Taylor [2003] NSWCA 262; (2003) 58 NSWLR 269
Ruddock v Taylor [2005] HCA 48; (2005) 222 NSWLR 612
Smith v State of New South Wales [2016] NSWDC 55
State of New South Wales v Smith [2017] NSWCA 194
Williams v The Queen [1986] HCA 88; (1986) 161 CLR 279Category: Principal judgment Parties: Jia Nong Wang (Plaintiff)
State of New South Wales (Defendant)Representation: Counsel:
Solicitors:
Mr M McAuley (Plaintiff)
Ms B Nolan (Defendant)
Blake Lawyers (Plaintiff)
Crown Solicitor for NSW (Defendant)
File Number(s): 2014/253035 Publication restriction: None
Judgment
Table of Contents
Factual background and nature of case
[1] – [9]
Trial overview
[10]
Issues
[11] – [14]
Chronological background
[15] – [16]
Warrant ordering the arrest of the plaintiff
[17] – [18]
Evidence overview
[19] – [21]
Witness testimony and related credit impressions
[22] – [163]
The plaintiff
[23] – [75]
Ms Wendy Wang
[76] – [79]
Ms Bao Feng Guo
[80] – [84]
Senior Constable Kachoyan
[85] – [89]
Senior Constable Collis
[90]
Senior Constable Zietsch
[91] – [92]
Acting Sergeant Puglisi
[93]
Senior Constable Westwood
[94]
Leading Senior Constable Leahy
[95] – [103]
Senior Constable Wild
[104] – [122]
Senior Constable Gergie
[123] – [147]
Sergeant Tighe
[148] – [163]
Medical and allied evidence
[164] – [216]
General practitioner
[168] – [171]
Psychologist
[172] – [174]
Psychiatrists
[175] – [192]
Cardiologists
[193] – [213]
Treatment of plaintiff’s elevated blood pressure during the trial
[214] – [215]
Legislation
[217] –…
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- Case
- [2018] NSWDC 375
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the assessment of general compensatory damages for the wrongful imprisonment and aggravated damages for the delay in bringing the plaintiff before the court in accordance with the terms of the warrant. The court had to determine the appropriate compensation for the period Wang was unlawfully detained and whether the circumstances warranted an award of aggravated damages.
In delivering judgment, the court found that Wang was indeed subjected to an extended period of wrongful imprisonment due to the delay in being brought before the court. The court assessed the general compensatory damages to reflect the harm caused by this wrongful detention. Additionally, the court considered the circumstances of the delay and concluded that aggravated damages were warranted to reflect the distress and humiliation suffered by Wang. The court awarded Wang $48,598.89, including interest, for the wrongful imprisonment and the associated distress.
The court ordered a verdict and judgment in favor of Wang against the State of New South Wales, including interest. It also ordered that the exhibits could be returned and directed that the parties would be heard on the question of costs. Finally, the court granted liberty to apply for further or other orders on seven days' notice.
Orders
Orders of the court
1. Verdict and judgment for the plaintiff against the defendant, including interest, in the amount of $48,598.89;
2. The exhibits may be returned;
3. I will hear the parties on the question of costs;
4. Liberty to apply on 7 days’ notice if further or other orders are required.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.