Binsaris v Northern Territory [2020] HCA 22

HIGH COURT OF AUSTRALIA

KIEFEL CJ, GAGELER, KEANE, GORDON AND EDELMAN JJ

Matter No D11/2019

JOSIAH BINSARIS APPELLANT

AND

NORTHERN TERRITORY OF AUSTRALIA RESPONDENT

Matter No D12/2019

KEIRAN WEBSTER APPELLANT

AND

NORTHERN TERRITORY OF AUSTRALIA RESPONDENT

Matter No D13/2019

LEROY O'SHEA APPELLANT

AND

NORTHERN TERRITORY OF AUSTRALIA RESPONDENT

Matter No D14/2019

ETHAN AUSTRAL APPELLANT

AND

NORTHERN TERRITORY OF AUSTRALIA RESPONDENT

Binsaris v Northern Territory Webster v Northern Territory O'Shea v Northern Territory Austral v Northern Territory [2020] HCA 22 Date of Hearing: 18 March 2020 Date of Judgment: 3 June 2020 D11/2019, D12/2019, D13/2019 & D14/2019

ORDER

In each matter:

1. Appeal allowed with costs.

2. Set aside paragraph 1 of the orders made by the Court of Appeal of the Northern Territory on 18 February 2019 and paragraph 1 of the orders made by the Court of Appeal on 10 April 2019 and, in their place, order that:

(a) the appeal be allowed with costs;

(b) set aside paragraph 1(a) of the orders made by the Supreme Court of the Northern Territory on 21 March 2017 and in its place order that there be judgment for the plaintiff on the claim for damages for battery arising out of the use of CS gas at Don Dale Youth Detention Centre on 21 August 2014;

(c) set aside paragraph 1 of the orders made by the Supreme Court of the Northern Territory on 3 December 2018 and in its place order that the defendant pay the plaintiff's costs of and incidental to the proceedings to be taxed on the standard basis. (These costs are to include the costs of all interlocutory proceedings other than those which have been the subject of separate costs awards); and

(d) the matter be remitted to another judge of the Supreme Court of the Northern Territory for assessment of damages.

On appeal from the Supreme Court of the Northern Territory