Goldie v Commonwealth of Australia (No 2) [2004] FCA 156

FEDERAL COURT OF AUSTRALIA

Goldie v Commonwealth of Australia (No 2) [2004] FCA 156

MIGRATION – arrest and detention – unlawful arrest and detention – based upon suspicion formed on viewing erroneous computer record of applicant's visa status – record out of date – arrest at place of employment – detention for three days – associated physical trespass – pat searches – medical examination – requirement to remove tie and shoelaces – criteria for assessment of damages – no aggravating circumstances – no circumstances warranting exemplary damages - $22,000 awarded

TORTS – false imprisonment – wrongful arrest and detention under Migration Act – based on honest but erroneous belief that applicant an unlawful non-citizen – arrest at place of employment – detention for three days – associated physical trespass – pat searches and medical examination – criteria for assessment of damages – humiliation and indignity and hurt to feelings – no aggravating circumstances – no circumstances warranting exemplary damages – award of $22,000

Migration Act 1958 (Cth)

Goldie v Commonwealth of Australia (2000) 180 ALR 609 cited

Goldie v Commonwealth of Australia (2002) 188 ALR 708 cited

Louis v Commonwealth of Australia (1987) 87 FLR 277 cited

State of New South Wales v Riley [2003] NSWCA 208 cited

Ruddock and Ors v Taylor [2003] NSWCA 262 cited

Re Patterson; Ex parte Taylor (2001) 207 CLR 391 cited

Trindade and Cane, The Law of Torts in Australia, 3rd Edition, OUP (1999)

J Fleming, The Law of Torts, 8th ed, LBC (1992)

BRIAN GERALD JAMES GOLDIE v THE COMMONWEALTH OF AUSTRALIA, THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS, JEFFREY TUNBRIDGE, ANTHONY BATTAGLINI, ROSS GREGG, MICHAEL CAIN, JAMIE McCORMACK, THOMAS HOENIG, DONNA RIORDAN

W 53 OF 2000

FRENCH J

27 FEBRUARY 2004

PERTH

IN THE FEDERAL COURT OF AUSTRALIA