NSW Caselaw
New South Wales Court of Appeal
CITATION: Coyle v State of New South Wales [2006] NSWCA 95
HEARING DATE(S): 4 April 2006
JUDGMENT DATE: 28 April 2006
JUDGMENT OF: Mason P at 1; Handley JA at 2; Tobias JA at 3
DECISION: (a) Leave to appeal granted subject to a Notice of Appeal setting out the grounds of appeal being filed within 7 days of the date of these orders; (b) Appeal allowed; (c) Vary the verdict and judgment for the claimant entered by Delaney DCJ on 20 April 2005 by substituting the sum of $81,000 for the sum of $61,000; (d) The opponent to pay the claimant's costs of the summons for leave to appeal and of the appeal
CATCHWORDS: TORTS – assault – wrongful arrest – false imprisonment – malicious prosecution – onus of proof – standard of proof - DAMAGES – assessment – compensatory damages – exemplary damages - WITNESSES – reliability – distinction between unreliable and intentionally dishonest evidence
Civil Liability Act 2002 LEGISLATION CITED: Crimes Act 1900, s58, s352 Rail Safety Regulation 1999, s13(b) Summary Offences Act 1988, s4A(1)
O'Reilly v Law Society of New South Wales (1998) 24 NSWLR 204 Smith v New South Wales Bar Association (1992) 176 CLR 256 Director of Public Prosecutions (NSW) v Gribble (2004) 151 A Crim R 256 CASES CITED: Glinski v McIver [1962] AC 726 Sharp v Biggs (1932) 48 CLR 81 Commonwealth Life Assurance Society Ltd v Brain (1935) 53 CLR 343 Fatimi Pty Ltd v Bryant (2004) 59 NSWLR 678
PARTIES: James Coyle State of New South Wales
FILE NUMBER(S): CA 40397/05
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