Thornton v State of New South Wales (No 4) [2016] NSWDC 198

District Court New South Wales

Medium Neutral Citation: Thornton v State of New South Wales (No 4) [2016] NSWDC 198 Hearing dates: 20, 21, 22, 23, 26, 27, 28, 29 and 30 October 2015 Date of orders: 19 August 2016 Decision date: 19 August 2016 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the defendant. (2) Plaintiff to pay the defendant's costs. Catchwords: TRESPASS – assault - battery – wrongful arrest – quantum of damages Legislation Cited: Law Enforcement (Powers and Responsibilities) Act 2002, s 201 Cases Cited: Gayfer v Leahy (Court of Appeal (NSW), Hutley AP, Glass JA, Samuels JA, 14 September 1984, unrep) Maricic v Dalma Formwork (Australia) Pty Ltd and Anor [2006] NSWCA 174 Poidevin v Semaan [2013] NSWCA 334 State of New South Wales v Williamson [2011] NSWCA 183 Woodley v Boyd [2001] NSWCA 35 Category: Principal judgment Parties: John Edward Thornton (plaintiff) State of New South Wales (defendant) Representation: Counsel: Ms E Welsh (plaintiff) Mr J E Maconachie QC with Mr M S Spartalis (defendant)

Solicitors: Stacks/The Law Firm (plaintiff) Crown Solicitor's Office (defendant) File Number(s): 2013/363898 Publication restriction: None

Judgment

1. Introduction 1. John Thornton was injured when he was arrested by police and sues the State of New South Wales for damages. The Amended Statement of Claim alleges assault and battery and false imprisonment. The false imprisonment claim was abandoned at the trial, but wrongful arrest, although not pleaded, was raised as an issue at the outset of the trial without demur.