Romani v State of New South Wales [2023] NSWSC 49

Supreme Court New South Wales

Medium Neutral Citation: Romani v State of New South Wales [2023] NSWSC 49 Hearing dates: 06 and 07 December 2022 Date of orders: 07 February 2023 Decision date: 07 February 2023 Jurisdiction: Common Law Before: Wright J Decision: (1) Judgment for the first plaintiff against the defendant in the sum of $18,334.69. (2) Judgment for the defendant against the second plaintiff. (3) There is no order as to costs to the intent that each party is to pay her or its own costs. Catchwords: TORT – Trespass to land – Entitlement to sue in trespass - Whether family member of registered proprietor in possession who is permitted to reside at property can sue in trespass – Such a family member is a mere licensee and is not entitled to sue for trespass to land DAMAGES – Trespass to land – Trespass by police officers – General damages for violation of the right of exclusive possession – Aggravated damages awarded in respect of affront to family members permitted to reside on the property by the registered proprietor in possession – Exemplary damages awarded even though the conduct was not malicious or knowingly unlawful COSTS – Whether the commencement and continuation of proceedings in the Supreme Court, rather than the District Court, was warranted for the purposes of UCPR r 42.34 – No order as to costs Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021 (NSW) Uniform Civil Procedure Rules NSW 2005 Cases Cited: Brown v Tasmania (2017) 261 CLR 328; [2017] HCA 43 Coco v The Queen (1994) 179 CLR 427; [1994] HCA 15 Halliday v Nevill (1984) 155 CLR 1; [1984] HCA 80 Hunter v Canary Wharf Ltd [1997] AC 655 Kuru v State of New South Wales (2008) 236 CLR 1; [2008] HCA 26 Lamb v Cotogno (1987) 164 CLR 1 at 8; [1987] HCA 47 Murray v Commonwealth of Australia (1986) 5 NSWLR 83 New South Wales v Ibbett (2006) 229 CLR 638; [2006] HCA 57 Palmer Bruyn & Parker Pty Ltd v Parsons (2001) 208 CLR 388; [2001] HCA 69 Plenty v. Dillon (1991) 171 CLR 635; [1991] HCA 5 Sahade v Bischoff [2015] NSWCA 418 State of New South Wales v Cuthbertson (2018) 99 NSWLR 120; [2018] NSWCA 320 State of New South Wales v Ibbett (2005) 65 NSWLR 168; [2005] NSWCA 445 State of New South Wales v Riley (2003) 57 NSWLR 496; [2003] NSWCA 208 State of New South Wales v Zreika [2012] NSWCA 37 TCN Channel Nine Pty Ltd v Anning (2002) 54 NSWLR 333; [2002] NSWCA 82 Uren v John Fairfax & Sons Pty Ltd (1966) 117 CLR 118; [1966] HCA 40 XL Petroleum (NSW) Pty Ltd v Caltex Oil (Australia) Pty Ltd (1985) 155 CLR 448; [1985] HCA 12 Category: Principal judgment Parties: Sanchia Romani (First Plaintiff) Maia Huxtable (Second Plaintiff)