NSW Caselaw
New South Wales Court of Appeal
CITATION : Lee v Kennedy & Ors [2000] NSWCA 153 FILE NUMBER(S) : CA 41033/98 HEARING DATE(S) : 7 February 2000 JUDGMENT DATE : 26 June 2000
PARTIES : Susan Lee v Gary Kennedy, Anthony Bordin, Robert Krause and The State of New South Wales JUDGMENT OF : Priestley JA at 1; Sheller JA at 21; Beazley JA at 22
LOWER COURT JURISDICTION : District Court LOWER COURT DC 78/97 FILE NUMBER(S) : LOWER COURT His Honour Judge Delaney JUDICIAL OFFICER :
COUNSEL : Appellant - A.B. Shand QC / B. Kinsella Respondent - B. Donovan QC / C. Lonergan SOLICITORS : Appellant - James Fuggle Solicitors Respondent - I.V. Knight, State Crown Solicitor CATCHWORDS : Trespass to land - Trespass to person - False imprisonment CASES CITED: Lamb v Cotogno (1987) 164 CLR 1 XL Petroleum (NSW) Pty Ltd v Caltex Oil (Australia Pty Ltd (1985) 155 CLR 448 DECISION : Appeal allowed
THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL
CA 41033/98 DC 78/97
PRIESTLEY JA SHELLER JA BEAZLEY JA
Monday, 26 June 2000
LEE v KENNEDY & ORS TRESPASS TO LAND - TRESPASS TO PERSON - FALSE IMPRISONMENT - claims by plaintiff upheld in part by trial judge - appeal by plaintiff principally on damages.
The trial judge found the following facts. Three police officers went to the plaintiff's residence. Two sought to arrest her without telling her the charge on which she was being arrested. She was injured by the force they used and was taken to a police station and kept in custody for some hours in humiliating circumstances. In her proceedings against the three police officers (and the State of New South Wales) the trial judge found two of them (and, vicariously, the State) guilty of trespass to the person, but apparently not of trespass to land or false imprisonment. In the damages award he included an amount for " aggravated or exemplary damages ". On the plaintiff's appeal, held, that on the facts found by the trial judge, the plaintiff had established false imprisonment as well as trespass to the person, and was entitled to both aggravated and exemplary damages. The damages were increased. ORDERS
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate