Hannam v State of New South Wales (No 9) [2022] NSWSC 648

Supreme Court New South Wales

Medium Neutral Citation: Hannam v State of New South Wales (No 9) [2022] NSWSC 648 Hearing dates: 9, 10, 11, 12, 16, 17 May 2022 Decision date: 23 May 2022 Jurisdiction: Common Law Before: Adamson J Decision: (1) Judgment for the defendant. (2) Subject to (3) below, order the plaintiff to pay the defendant's costs of the proceedings. (3) If either party wishes to apply for a different costs order, he or it (as the case may be) may do so, as long as a written application, together with any evidence and submissions in support of the application, is made to my Associate within seven days, whereupon further directions as to a response will be made, with a view to determining costs on the papers. Catchwords: TORTS — Trespass to the person — Assault — whether police conduct caused plaintiff to fear police and attempt to flee TORTS — Trespass to the person — whether Civil Liability Act 2002 (NSW) excluded by operation of s 3B(1)(a) — where intent was to cause injury not subject of claim TORTS — Trespass to the person — Battery — Defences — whether actions constituting battery were lawful under various statutes — Crimes Act 1900 (NSW), Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), Mental Health Act 2007 (NSW), Police Act 1990 (NSW) —where actions permitted under statute — where defences made out TORTS — Trespass to the person — Battery — Defences — defences under Civil Liability Act 2002 (NSW) — intoxication, no award to criminals, self-defence NEGLIGENCE — Duty of care — where no duty owed by defendant toward plaintiff NEGLIGENCE — Defences — Illegality — use of illicit substances NEGLIGENCE — Defences — Intoxication — illicit substance NEGLIGENCE — Defences — Self-defence — where defendant attempting to protect plaintiff, bystanders and police NEGLIGENCE — Defences — Voluntary assumption of risk — use of illicit substances DAMAGES — where plaintiff self-employed tradesperson — where no evidence of past earnings or typical earnings — where plaintiff's proposed use of average weekly earnings unsuitable DAMAGES — where plaintiff sought aggravated and exemplary damages — where award excluded by Civil Liability Act 2002 (NSW), s 21 — where award not justified in any event even if not statute barred Legislation Cited: Civil Liability Act 2002 (NSW), ss 3B, 5, 5L, 5O, 5R, 13, 16, 18, 21, 47, 48, 50, 52, 54 Civil Liability (Non-economic Loss) Amendment Order 2021 (NSW) Crimes Act 1900 (NSW), ss 31A, 574B Drug Misuse and Trafficking Act 1985 (NSW), s 12 Evidence Act 1995 (NSW), s 69 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 230 Law Reform (Vicarious Liability) Act 1983 (NSW), s 9B(2) Mental Health Act 2007 (NSW), ss 22, 81 Police Act 1990 (NSW), s 6 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Albrighton v Royal Prince Alfred Hospital [1980] 2 NSWLR 542 Blatch v Archer (1774) 1 Cowp 63 Container Terminals Australia Ltd v Huseyin [2008] NSWCA 320 Croucher v Cachia (2016) 95 NSWLR 117; [2016] NSWCA 132 Dickson v Northern Lakes Rugby League Sport and Recreation Club Inc (2020) 103 NSWLR 658; [2020] NSWCA 294 Gates v City Mutual Life Assurance Society Limited (1986) 160 CLR 1; [1986] HCA 3 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Laws v GWS Machinery Pty Ltd [2007] NSWSC 316; (2007) 209 FLR 53 Lim v Cho [2018] NSWCA 145 Lithgow City Council v Jackson (2011) 244 CLR 352; [2011] HCA 36 Manly Council v Byrne [2004] NSWCA 123 New South Wales v Klein [2006] NSWCA 295 New South Wales v Tyszyk [2008] NSWCA 107 Owlstara v State of New South Wales [2020] NSWCA 217; 285 A Crim R 53 Perez v Reynolds [2020] VSC 537 Pham v Commissioner of Victim Rights [2019] NSWSC 1060 Ranger v Turner [2007] NSWCA 162 State of New South Wales v Ibbett (2005) 65 NSWLR 168; [2005] NSWCA 445 State of New South Wales v McMaster (2015) 91 NSWLR 666; [2015] NSWCA 228 Stuart v Kirkland-Veenstra (2009) 237 CLR 215; [2009] HCA 15 Tame v New South Wales (2002) 211 CLR 317; [2002] HCA 35 Thompson v Vincent [2005] NSWCA 219 Weaver v Ward [1792] Eng R 2772; (1616) Hob 134; 80 ER 284 Category: Principal judgment Parties: Andrew Robert John Hannam (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: J Maconachie QC / P Tierney (Plaintiff) M Hutchings / R Coffey (Defendant)