Doueihi v State of New South Wales [2021] NSWSC 341

Supreme Court New South Wales

Medium Neutral Citation: Doueihi v State of New South Wales [2021] NSWSC 341 Hearing dates: 4 March 2021 Date of orders: 7 April 2021 Decision date: 07 April 2021 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) The defendant's notice of motion filed 28 October 2020 is dismissed. (2) The defendant is to pay the plaintiff's costs on an ordinary basis. Catchwords: CIVIL PROCEDURE – Application for summary dismissal – Second further amended statement of claim – Claim in tort of misfeasance in public office – Where police officers refused to release plaintiff from custody unless he signed Bail Acknowledgement Form – Where no evidence of other documents the plaintiff says he was compelled to sign – Where police officers advised plaintiff not to record interview – Whether an "aggressive tone" capable of constituting intimidation under the circumstances alleged – Reasonable cause of action disclosed – Application dismissed Legislation Cited: Bail Act 2013 (NSW), ss 14, 33 Crimes Act 1900 (NSW), s 545B Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 7, 13 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28 Cases Cited: Agar v Hyde [2000] HCA 41; (2000) 201 CLR 552 Dey v Victorian Railways Commissioners (1949) 78 CLR 61 Doueihi v State of New South Wales [2020] NSWSC 1065 Edward Moses Obeid Snr v David Andrew (2016) 338 ALR 234; [2016] NSWSC 1376 Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Northern Territory of Australia v Mengel (1995) 185 CLR 307 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71 Spencer v Commonwealth [2010] HCA 28; (2010) 241 CLR 118 Webster v Lampard (1993) 177 CLR 602 Category: Principal judgment Parties: Peter Doueihi (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: P. D. Reynolds (Plaintiff) G. Mahoney (Defendant)