Le v State of New South Wales [2017] NSWDC 38

District Court New South Wales

Medium Neutral Citation: Le v State of New South Wales [2017] NSWDC 38 Hearing dates: 16 February 2017 – 17 February 2017 Date of orders: 09 March 2017 Decision date: 09 March 2017 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Judgment for the plaintiff. (2) The defendant to pay the plaintiff the sum of $3,201.00. (3) Liberty to apply in relation to costs. (4) Exhibits to be returned in 28 days, unless otherwise ordered. Catchwords: Torts – false imprisonment – claim in relation to police officers – whether plaintiff unlawfully imprisoned – whether the police officers had lawful authority to detain the plaintiff – powers of police under Reg 77C of the Passenger Transport Regulation 2007 – whether police officer had suspicion based on reasonable grounds that a Pensioner Concession Card may have been stolen – Sections 11 and 19 of LEPRA. Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes Act 1900 (NSW) Law Enforcement (Powers and Responsibility) Act 2002 (NSW) Law Reform (Vicarious Liability) Act 1983 (NSW) Local Court Act 2007 (NSW) Passenger Transport Act 1990 (NSW) Passenger Transport Regulation 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Azar v DPP [2014] NSWSC 132 Director of Public Prosecutions (NSW) v Horwood [2009] NSWSC 1447; (2009) 78 NSWLR 32 Elleray v Rail Corporation NSW [2017] NSWCA 23 George v Rockett (1990) 170 CLR 104; [1990] HCA 26 Hammond v The Commonwealth (1982) 152 CLR 188 Hetty v The Queen (1991) 173 CLR 95 Hyder v Commonwealth of Australia [2012] NSWCA 336 Queensland Bacon Pty Ltd v Rees (1966) 115 CLR 266 R v Director of the Serious Fraud Office; ex parte Smith [1993] AC 1 Ruddock v Taylor (2005) 222 CLR 612 State of New South Wales v Abed [2014] NSWCA 419 State of New South Wales v TD [2013] NSWCA 32 Woodley v Boyd [2001] NSWCA 35 Category: Principal judgment Parties: Hoang Thanh Le (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: A Turner (Plaintiff) E Raper (Defendant)