Samir Tarjali Diab v The State of NSW and Others [2006] NSWDC 66

New South Wales District Court

CITATION: Samir Tarjali Diab v The State of NSW and Others [2006] NSWDC 66

HEARING DATE(S): 03/04/2006-12/04/2006 EX TEMPORE JUDGMENT DATE : 04/12/2006

JURISDICTION: Civil

JUDGMENT OF: Neilson DCJ at 1

DECISION: Verdict and judgment for the plaintiff against the first defendant for $5000; I order the first defendant to pay one third of the plaintiff's costs of his action against the first defendant; On the plaintiff's claim against the first defendant for damages for assault, there will be verdict and judgment for the first defendant; On the plaintiff's claim against the first defendant for intimidation by members of the Police Force against the plaintiff, there will be verdict and judgment for the first defendant; Verdict and judgment for the plaintiff against the third and fourth defendants for $50; I order the plaintiff to pay the costs of the third and fourth defendants

CATCHWORDS: Residential Tenancies Act 1987 - Whether plaintiff a subtenant of a tenant or a lodger - When term of subtenancy expired - Trespass to land of subtenant by police - Whether plaintiff entitled to damages - Whether plaintiff entitled to compensatory damages for psychiatric injury - Whether plaintiff of "normal fortitude"

LEGISLATION CITED: Residential Tenancies Act 1987

Commissioner of Fair Trading v Voulon [2005] WASC 229 Torrisi v Oliver [1951] VR 380 CASES CITED: Chic Fashions (West Wales) Ltd v Jones [1968] 1 All ER 229 TCN Channel 9 v Anning (2002) 54 NSWLR 333 Plenty v Dillon (1991) 171 CLR 635

Samir Tarjali Diab (Plaintiff) The State of NSW (1st Defendant) PARTIES: Anastasia Papageorgious (2nd Defendant) Danielle Kelleher (3rd Defendant) Jason Kelleher (4th Defendant)