AB v State of New South Wales [2021] NSWDC 683

District Court New South Wales

Medium Neutral Citation: AB v State of New South Wales [2021] NSWDC 683 Hearing dates: 17, 18 November 2021 Date of orders: 17 December 2021 Decision date: 17 December 2021 Jurisdiction: Civil Before: R. J. Weber SC DCJ Decision: (1) That there be judgment and verdict for the defendant. (2) That the plaintiff pay the defendant's costs. Catchwords: TORTS – Wrongful Arrest – False Imprisonment – Claim for damages – Claim arising from discretionary arrest following alleged breach of Final Order Apprehended Domestic Violence Order – Whether the arresting officer's suspicions were reasonable – Whether the conditions of s 99 of the LEPR Act were satisfied – Where the Leading Senior Constable's exercise of discretion was reasonable Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Law Reform (Vicarious Liability) Act 1983 (NSW) Cases Cited: George v Rockett [1990] HCA 26; 170 CLR 104 Hyder v Commonwealth of Australia [2012] NSWCA 336; (2012) 217 A Crim R 571 Ruddock v Taylor (2005) 222 CLR 612 New South Wales v Robinson (2019) 266 CLR 619; [2019] HCA 46 State of New South Wales v Robinson [2016] NSWCA 334 Category: Principal judgment Parties: AB (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Mr D. Woodbury (for the Plaintiff) Mr N. Newton (for the Defendant)