Darcy v State of New South Wales [2010] NSWDC 210

New South Wales District Court

CITATION: Darcy v State of New South Wales [2010] NSWDC 210

HEARING DATE(S): 23, 24, 25, 26, 27 and 30 August 2010

JUDGMENT DATE: 21 September 2010

JURISDICTION: Civil Jurisdiction

JUDGMENT OF: Johnstone DCJ

DECISION: Judgment for the defendant Plaintiff to pay the defendant's costs

CATCHWORDS: TORT - false imprisonment - adult plaintiff with an intellectual disability, suffering from epilepsy and a borderline personality disorder with complex needs and subject to guardianship orders - claim by tutor against the State in respect of an allegation of wrongful detention by DoCS for 6½ years - whether there was conduct by DoCS officers, the coercive consequence of which was the actual complete deprivation of, or a total restraint upon, the plaintiff's liberty - if so, whether there was lawful authority justifying the imprisonment - whether the guardian consented, or had power to consent, to the detention - whether the common law principle of necessity operated to justify the detention

Civil Liability Act 2002 Crown Proceedings Act 1988 LEGISLATION CITED: Disability Services Act 1993 Guardianship Act 1987Law Reform (Vicarious Liability) Act 1983 Mental Health Act 1990 Mental Health (Criminal Procedure) Act 1990

Hunter Area Health Service v Presland [2005] NSWCA 33 Lamb v Cotogno (1987) 164 CLR 1 Marshall v Watson (1972) 124 CLR 60 Myers Stores Ltd v Soo [1991] 2 VR 597 CASES CITED: New South Wales v Ibbett (2006) 229 CLR 638 R v Bournewood Community and Mental Health NHS Trust; ex parte L [1999] 1 AC 458 Ruddock v Taylor [2003] NSWCA 262 State of South Australia v Lampard-Trevorrow [2010] SASC 56 Trobridge v Hardy (1955) 94 CLR 147