Wilson v The State of New South Wales

Wilson, the appellant, brought proceedings against the State of New South Wales, the respondent, in the Supreme Court of New South Wales. The dispute concerned the respondent's alleged liability for injuries sustained by the appellant during his arrest. The appellant alleged that the respondent, through the actions of its police officers, had breached its duty of care owed to him. The matter proceeded to the High Court of Australia on appeal from the Court of Appeal of New South Wales.

The central legal issue before the High Court was whether the respondent owed a duty of care to the appellant in relation to the manner of his arrest, and if so, whether that duty had been breached. Specifically, the court considered whether the common law duty of care extended to protecting an individual from harm arising from the lawful exercise of police powers, such as arrest, and whether the actions of the police officers in effecting the arrest were negligent.

Crennan and Kiefel JJ, in their joint judgment, affirmed that the common law recognises a duty of care owed by police officers to individuals in their custody or during the course of their duties, even when exercising lawful powers. Their Honours reasoned that the duty of care is not negated by the lawful exercise of powers, but rather requires that such powers be exercised with reasonable care. The court found that the appellant's injuries were not caused by the lawful exercise of the power of arrest itself, but by the manner in which it was carried out. The appeal was dismissed.