Zaravinos v State of New South Wales

The District Court of New South Wales heard a claim by Mr Zaravinos against the State of New South Wales concerning his arrest and detention. Mr Zaravinos attended a police station by appointment for an interview and was subsequently arrested by two police officers on separate but related charges. He was detained for approximately three hours, during which time he was interviewed, charged, fingerprinted, photographed, and eventually granted bail and released. Following several adjournments, the prosecutions against him were discontinued. The District Court Judge found that the police lacked reasonable grounds for the arrest, describing the actions as having "all the hallmarks of heavy-handed and officious use of arbitrary power," and awarded Mr Zaravinos $25,000 in damages plus $5,083 in interest. Both parties sought leave to appeal the decision.

The primary legal issues before the Court of Appeal concerned the lawfulness of Mr Zaravinos' arrest and continued detention for interview, and whether the damages awarded by the District Court were excessive or inadequate. The court was required to consider the proper purpose for which the power of arrest without a warrant, as provided by section 352(2) of the Crimes Act 1900 (NSW), could be lawfully exercised, distinguishing relevant English authorities. Additionally, the court considered the District Court's power to grant an injunction requiring the destruction of fingerprint and photographic records.

The Court of Appeal held that the damages assessed by the District Court, which included aggravated and exemplary damages, were not to be set aside as excessive or inadequate. Leave to appeal was granted in relation to the District Court's power to grant an injunction and the lawfulness of the arrest. However, after considering the appeals, they were dismissed.