Zod v State of New South Wales; Hawchar v State of New South Wales [2022] NSWDC 71

District Court New South Wales

Medium Neutral Citation: Zod v State of New South Wales; Hawchar v State of New South Wales [2022] NSWDC 71 Hearing dates: 7, 8, 9, 11 February 2022 Date of orders: 25 February 2022 Decision date: 25 February 2022 Jurisdiction: Civil Before: Weber SC DCJ Decision: In each case: (1) That there be judgment and verdict for the Defendant against the Plaintiff; and (2) That any party wishing to be heard on the issue of costs notify my associate of that fact on or before noon on 4 March 2022 ("Notification") (3) That in the event of Notification, the notifying party shall file and serve any evidence and submissions on the issue of costs on or before 4:00pm on 11 March 2022. (4) That the non-notifying party file and serve any evidence and submissions which it wishes to make on the issue of costs on or before 4:00pm on 18 March 2022. (5) That the notifying party file and serve any submissions in reply on or before 25 March 2022. (6) That the filing of the documents referred to in orders (3), (4) and (5) be effected by way of email transmission to my associate. (7) That any issue as to costs be decided on the papers. (8) That in the absence of Notification, the Court will order that the Plaintiff will pay the Defendant's costs. Catchwords: TORTS – Trespass to land – standing – where plaintiffs assert that they have a lease on a property – where a mere license is insufficient for standing TORTS – Trespass to land – Defences – police power of entry – mistaken identity TORTS – Trespass to the person – False imprisonment – Defences – police power of arrest – police power to secure premises Legislation Cited: Law Enforcement (Powers & Responsibilities) Act 2002 Cases Cited: Duncan v Jones [1936] 1 KB 218 Innes v Weate (1984) 12 A Crim R 45 Moutia Elzahad v Commonwealth of Australia and State of New South Wales [2016] NSWDC 353 State of New South Wales v McMaster (2015) 91 NSWLR 666 State of New South Wales v Tyszyk [2008] NSWCA 107 State of Western Australia v Ward and Others (2002) 213 CLR 1 Category: Principal judgment Parties: Bilal Zod (First Plaintiff) Sarah Hawchar (Second Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Edward McMahon (Plaintiffs) Matthew Gollan (Defendant)