Welsh and Anor v State of New South Wales [2007] NSWDC 32

New South Wales District Court

CITATION: Welsh and Anor v State of New South Wales [2007] NSWDC 32 This decision has been amended. Please see the end of the judgment for a list of the amendments.

25 September 2006 26 September 2006 HEARING DATE(S): 27 September 2006 28 September 2006 6 November 2006 12 March 2006

JUDGMENT DATE: 14 March 2007

JURISDICTION: Sydney Civil

JUDGMENT OF: Bell DCJ

DECISION: Verdict for the defendant; Plaintiffs to pay defendant's costs of and incidental to these proceedings on the usual basis; Order that the exhibits be returned

CATCHWORDS: Wrongful Arrest - Wrongful Detention

LEGISLATION CITED: Crimes Act 1900 s 352

Briginshaw v Briginshaw (1938) 60 CLR 336 Brodie v Singleton Shire Council (2001) 206 CLR 512 CASES CITED: George v Rockett (1990) 170 CLR 104; 93 ALR 483 Houda v New South Wales [2005] NSWSC 1053 McArdle v Egan and Others (1933) (reported in 98 Local Government Review Reports 103) Zaravinos v New South Wales (2004) 62 NSWLR 58; 151 A Crim R 24

PARTIES: Steven Welsh and Peter Boney (Plaintiffs) State of New South Wales (Defendant)

FILE NUMBER(S): No: 2328 of 2004

COUNSEL: Mr. C. Evatt with Mr. C. Dibb and Ms. L. Evans (for the Plaintiff) Mr. M. Windsor (for the Defendant)

SOLICITORS: Mr. S. Friend (for the Plaintiff) Ms. F. Read (for the Defendant)

JUDGMENT

The Proceedings

1 In Proceedings No. 2328 of 2004 in this Court the plaintiffs Steven Welsh and Peter Boney sue the State of New South Wales for the torts of wrongful arrest and wrongful detention, and Steven Welsh sues the State in negligence.