NSW Caselaw
Reported Decision: (2007) Aust Torts Reports 81-893 Appeal Outcome: Special leave application granted by the High Court - 6 December 2007; Appeal allowed - 12 June 2008 - Kuru v State of New South Wales [2008] HCA 26
New South Wales Court of Appeal
CITATION: STATE OF NEW SOUTH WALES v KURU [2007] NSWCA 141
HEARING DATE(S): 15 March 2007
JUDGMENT DATE: 15 June 2007
JUDGMENT OF: Mason P at 1; Santow JA at 5; Ipp JA at 99
DECISION: Appeal allowed; see orders at [184].
CATCHWORDS: TORT – statutory interpretation – powers of Police under statute and common law to enter and remain on premises where there is a reasonable apprehension of domestic violence though that apprehension later dissipated – significance of not being invited to enter but later invited to search premises with that invitation then being revoked in circumstances where Police contended that they had not completed their task - construction of ss357F, 357G and 357H of Part 10B of Division 3 of Crimes Act 1900 (NSW) – relationship to common law.
LEGISLATION CITED: Crimes Act 1900 (NSW) s357F, s357G, s357H Crimes (Domestic Violence) Amendment Act 1982 (NSW)
Addison v Chief Constable of The West Midlands Police [2004] 1 WLR 29 Day v Perisher Blue Pty Limited (2005) 62 NSWLR 731, [2005] NSWCA 110 Dowling v Higgins [1944] Tas SR 32 Entick v Carrington (1765) 95 ER 807 Friswell v Chief Constable of Essex Police [2004] EWHC 3009 Foulkes v Chief Constable of Merseyside Police [1998] 3 All ER 705 Great Central Railway Company v Bates [1921] 3 KB 578 Halliday v Nevill (1984) 155 CLR 1 Kay v Hibbert [1977] Crim LR 226 at 227 (also reported at (1977) 141 JPJo 157) Ledger v Director of Public Prosecutions [1991] Crim LR 439 McGowan v Chief Constable of Kingston upon Hull [1968] Crim LR 34 (also reported at (1967) 117 NLJ 1138) CASES CITED: McLeod v Commissioner of Police of the Metropolis [1994] 4 All ER 553 Morris v Beardmore [1981] AC 446 Nicholson v Avon [1991] 1 VR 212 Panos v Hayes (1987) 44 SASR 148 Plenty v Dillon (1990-1991) 171 CLR 635 Pringle v Everingham [2006] NSWCA 195 Thompson v Vincent (2005) 153 A Crim R 577 R v Bass [1953] 1 QB 681 R v Howell (Errol) [1982] QB 416 Southam v Smout (1964) 1 QB 308 Thomas v Sawkins [1935] 2 KB 249 Todd v O'Sullivan (1985) 122 LSJS 403
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