Harris v State of New South Wales [2021] NSWCA 208

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Harris v State of New South Wales [2021] NSWCA 208 Hearing dates: 26 August 2021 Date of orders: 26 August 2021 Decision date: 26 August 2021 Before: Brereton JA at [1], [18]; Simpson AJA at [17]. Decision: Leave to appeal refused with costs. Catchwords: TORTS – Trespass to the person – False imprisonment – Wrongful arrest – Whether arrest wrongful where officer had additional purpose of interviewing arrestee and obtaining a "version" of events – Where officer nevertheless had requisite intention to charge – Secondary intention does not vitiate lawfulness of arrest APPEALS – Leave to appeal – From final order dismissing false imprisonment claim – Amount in issue below $100,000 threshold – Insufficient prospects of success – Leave refused Legislation Cited: Civil Liability Act 2002 (NSW), ss 3B(1)(a), 43A Crimes Act 1900 (NSW), s 192E District Court Act 1973 (NSW), s 127(2) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 99 Cases Cited: Bales v Parmeter (1935) 35 SR (NSW) 182; 52 WN (NSW) 41 State of New South Wales v Robinson (2019) 266 CLR 619; [2019] HCA 46 Category: Principal judgment Parties: April Anne Harris (Applicant) State of New South Wales (Respondent) Representation: Counsel: T Epstein (Applicant) PD Herzfeld SC with ES Jones (Respondent)

Solicitors: Scheib Legal (Applicant) Wotton + Kearney (Respondent) File Number(s): 2021/57918 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: n/a Date of Decision: 8 February 2021 Before: Robison DCJ File Number(s): 2020/60782