NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Wessell v The State of New South Wales (No 2) [2017] NSWDC 235 Hearing dates: 5, 6, 8, 9, 13, 14, 15, 16, 20 and 21 June 2017 Date of orders: 22 June 2017 Decision date: 22 June 2017 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the defendant. (2) Plaintiff to pay the defendant's costs. (3) Any further application in respect of costs to be notified to my associate within seven days. Catchwords: TORT – false arrest – breach of the peace - unlawful imprisonment – assault - battery - resist police in execution of their duty – eviction – capsicum spray – police baton Legislation Cited: Civil Liability Act 2002, s 3B Crown Proceedings Act 1988 Law Enforcement (Powers and Responsibilities) Act 2002, s 99, s 230 Law Reform (Vicarious Liability) Act 1983 Uniform Civil Procedure Rules 2005, r 29.10, 42.1 Cases Cited: Lavin v Albert [1982] AC 546 R v Howell [1982] QB 416 State of New South Wales v Kuru [2007] NSWCA 141 State of NSW v Tyszyk [2008] NSWCA 107 Category: Principal judgment Parties: Patrick Wessell (plaintiff) The State of New South Wales (defendant) Representation: Counsel: Mr R De Meyrick (plaintiff) Mr M Spartalis (defendant)
Solicitors: Carroll & O'Dea Lawyers (plaintiff) Henry Davis York (defendant) File Number(s): 2015/285464 Publication restriction: None
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