Whitbread & Anor v Rail Corporation NSW & Ors [2011] NSWCA 130

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Whitbread & Anor v Rail Corporation NSW & Ors [2011] NSWCA 130 Hearing dates: 14, 15 February 2011 Decision date: 24 May 2011 Before: Giles JA at [1] McColl JA at [2] Whealy JA at [72] Decision: (1) Set aside the judgments for $10,000 in favour of the first appellant and $12,000 in favour of the second appellant and in lieu thereof judgments for $12,201.28 and $13,834.40 respectively taking effect on 14 October 2008. (2) Appeals otherwise dismissed. (3) Appellants to pay respondents' costs of the appeals. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TORT - wrongful arrest and false imprisonment - whether transit officers had authority to arrest and detain appellants - whether power to arrest and detain enlivened by breach of Rail Safety (General) Regulation 2000 - Crimes Act 1900 (NSW) s 352

TORT - Injurious falsehood - whether elements of cause of action established

DAMAGES - Tort - adequacy of general damages

DAMAGES - Tort - exemplary damages - assault - whether individual respondent acted in contumelious disregard of appellants' rights - whether exemplary damages available where individual respondent convicted in respect of assault of one appellant and acquitted in respect of assault of other - whether exemplary damages available on evidence of disciplinary action taken by employer in respect of individual respondent - relevance of appellants' conduct