AW & Ors v State of New South Wales [2005] NSWSC 543

New South Wales Supreme Court

AW & Ors v State of New South Wales [2005] NSWSC 543 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 18/8/03, 20/8/03, 21/8/03, 25/8/03, 26/8/03, 27/8/03, 28/8/03, 29/8/03, 1/9/03, 2/9/03, 3/9/03, 4/9/03, 5/9/03, 8/9/03, 9/9/03, 10/9/03, 11/9/03, 16/9/03, 17/9/03, 18/9/03, 22/9/03, 23/9/03, 24/9/03, 25/9/03, 26/9/03, 29/9/03, 30/9/03, 1/10/03, 3/12/03,4/12/03, 5/12/03, 9/12/03, 10/12/03, 11/12/03, 15/12/03, 16/12/03, 17/12/03, 18/12/03, 5/2/04, 3/5/04, 4/5/04, 5/5/04, 6/5/04, 21/5/04, 15/6/04, 16/6/04, 17/6/04, 18/6/04, 22/6/04, 24/6/04, 28/6/04, 29/6/04, 30/6/04, 1/7/04, 2/7/04, 5/7/04, 6/7/04, 7/7/04, 8/7/04, 9/7/04,

JUDGMENT DATE : 5 July 2005

JUDGMENT OF : Bell J at 1

DECISION : 1. Verdict and judgment for the defendant on each of the claims brought by the first plaintiff; 2. Verdict and judgment for the second plaintiff in the sum of $35,000 with respect to her claim for false imprisonment and $65,000 with respect to her claim for malicious prosecution; 3. Verdict and judgment for the estate of the third plaintiff in the sum of $25,000 for her claim brought for false imprisonment and $40,000 for her claim for malicious prosecution; 4. I will hear from the parties on the question of costs and interest. The proceeding may be relisted for submissions on these two outstanding matters on three days' notice.

CATCHWORDS : False imprisonment - wrongful arrest - failure to inform of reasons for arrest - malicious prosecution

Children's (Care and Protection) Act 1987 Crimes Act 1900 Crimes (Sexual Assault) Amendment Act 1981 Crown Proceedings Act 1988 (NSW) LEGISLATION CITED : Crown Prosecutors Act 1986 Director of Public Prosecutions Act 1986 Evidence Act 1995 Law Reform (Vicarious Liability) Act 1983