NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Houston Moran v State of New South Wales [2017] NSWDC 19 Hearing dates: 8 and 9 February 2017 Date of orders: 17 February 2017 Decision date: 17 February 2017 Jurisdiction: Civil Before: Montgomery DCJ Decision: (1) Judgment for the plaintiff.
(2) Defendant to pay the plaintiff damages in the sum of $10,736.00. Catchwords: Arrest – false imprisonment – s 99 (3) (a) Law Enforcement (Powers and Responsibilities) Act –whether reasonable grounds – whether arrest "necessary" to ensure the appearance of the plaintiff before a Court Legislation Cited: Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Bail Act 1978, ss 15 (1) and 17 (1) Cases Cited: State of New South Wales v Robinson [2016] NSWCA 334 Hyder v Commonwealth of Australia [2012] 217 A Crim R 571; [2012] NSWCA 336 Director of Public Prosecutions (NSW) v Mathews-Hunter [2014] NSWCA 843 Tilse v State of New South Wales (2013) NSWDC 265 New South Wales v Ibbett (2006) 229 CLR 638; [2006] HCA 57 Coyle v State of New South Wales [2006] NSWCA 95 State of New South Wales v Delly (2007) 70 NSWLR 125; [2007] NSWCA 303 Category: Principal judgment Parties: Houston Moran (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Mr D. Woodbury/Mr E. James (Plaintiff) Mr P. Saidi (Defendant)
Solicitors: Konstan Lawyers (Plaintiff) McCabes Lawyers (Defendant) File Number(s): 2015/00357063 Publication restriction: None
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