Dennis v State of New South Wales [2024] NSWDC 252

District Court New South Wales

Medium Neutral Citation: Dennis v State of New South Wales [2024] NSWDC 252 Hearing dates: 11-13 June 2024 (Wagga Wagga) 20 June 2024 (Sydney) Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Civil Before: Newlinds SC DCJ Decision: (1) Enter a verdict for the Plaintiff in the sum of $10,000, together with interest at the Court rates from time to time, from 19 March 2021 until 28 June 2024. (2) Order the Defendant pay the Plaintiff's costs. (3) Direct the parties to confer and agree as to the quantum of the interest payable. Catchwords: TORTS – Intentional Torts – False Imprisonment – Wrongful Arrest – Statutory Authority s 99 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) ("LEPRA") – State of Minds formed for purpose of s 99(1)(a)-(b) – State of Mind capricious and/or irrational and/or manifestly unreasonable – s 105 LEPRA discretion to discontinue arrest – No obligation to exercise discretion – Damages – General – Aggravated – Exemplary Legislation Cited: Crimes Act 1900 (NSW); s 307A Law Enforcement (Powers and Responsibilities Act 2002 (NSW); s 99(1)(a)-(b); s 105 Cases Cited: AD v State of NSW [2023] NSWCA 115 Ghanem v State of New South Wales [2024] NSWDC 213 Jankovic v Director of Public Prosecutions [2020] NSWCA 31; 281 A Crim R 378 Reeves v State of NSW [2024] NSWCA 125 Robinson v State of New South Wales [2018] NSWCA 231 State of New South Wales v Randall [2017] NSWCA 88 State of New South Wales v Robinson [2019] HCA 46 Category: Principal judgment Parties: Christopher Dennis (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Mr D Woodbury (Plaintiff) Mr M Gollan (Defendant)