Emde v State of New South Wales [2024] NSWDC 268

District Court New South Wales

Medium Neutral Citation: Emde v State of New South Wales [2024] NSWDC 268 Hearing dates: 25 October 2023 and 16 February 2024 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Civil Before: Andronos SC DCJ Decision: (1) Judgment for the defendant. (2) Direct the parties to liaise and seek to agree on an order for costs. (3) In the event that the parties have not reached agreement on an order with respect to costs, and notified my Associate of such agreement by 2pm on 4 July 2024, list the question of costs for hearing on Friday, 5 July 2024 at 10am part heard before Andronos SC DCJ with an estimate of one hour. Catchwords: TORTS — Trespass to the person — Assault – Battery – False imprisonment – Wrongful arrest – Defences - Suspicion on reasonable grounds – Whether satisfied arrest reasonably necessary Legislation Cited: Crimes (Appeal and Review) Act 2001, s 5 Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 14 Crimes (Sentencing Procedure) Act 1999 (NSW), s 10 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 99 Cases Cited: AD v State of New South Wales [2023] NSWCA 115 Briginshaw v Briginshaw (1938) 60 CLR 336 CPCF v Minister for Immigration and Border Protection (2015) 255 CLR 514; [2015] HCA 1 Fox v Percy (2003) 214 CLR 118 Goldie v Commonwealth of Australia No 2 [2004] FCA 156; (2004) 81 ALD 422 Helton v Allen (1940) 63 CLR 691 Jankovic v Director of Public Prosecutions [2020] NSWCA 31 Louis v Commonwealth (1987) 87 FLR 277 Onassis and Calogeropoulos v Vergottis [1968] 2 Lloyd's Rep 403 Reeves v State of New South Wales [2024] NSWCA 125 Ruddock v Taylor (2005) 222 CLR 612 State of New South Wales v Randall [2017] NSWCA 88 State of New South Wales v Riley [2003] NSWCA 208 State Rail Authority (NSW) v Earthline Constructions Pty Ltd (In Liq) [1999] HCA 3 Transport Industries Insurance Co v Longmuir [1997] 1 VR 125 Watson v Marshall & Cade (1971) 124 CLR 621 Zaravinos v State of New South Wales (2004) 62 NSWLR 58 Texts Cited: F Trindade and P Cane, The Law of Torts in Australia (3rd ed, 1999, Oxford University Press) J Fleming, The Law of Torts (8th ed, 1992, LawBook Co) Category: Principal judgment Parties: Gerd Emde (plaintiff) State of New South Wales (defendant) Representation: Counsel: Mr T Smartt (defendant)