State of New South Wales v Le [2017] NSWCA 290

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Le [2017] NSWCA 290 Hearing dates: 31 October 2017 Decision date: 16 November 2017 Before: Basten JA, Leeming JA, Payne JA Decision: (1) Grant the State leave to appeal from the judgment in the District Court delivered on 9 March 2017. (2) Direct the State to file within 7 days a notice of appeal in the form of the draft notice contained in the white folder. (3) Allow the appeal and set aside orders (1) and (2) made in the District Court; in lieu thereof dismiss the proceedings. (4) Order that, in accordance with the condition on which leave is granted, the State pay the respondent's costs in this Court. Catchwords: TORTS – false imprisonment – respondent stopped by transport police and requested to produce evidence of Opal card concession entitlement – respondent detained while his details were verified – nature of detention – whether consensual

TORTS – false imprisonment – Passenger Transport Regulation 2007 (NSW), cl 77C – whether transport police entitled to direct production of photo identification as "evidence" of concession entitlement – whether implied power to stop and detain for purpose of determining entitlement – whether detention justified Legislation Cited: Civil Liability Act 2002 (NSW), ss 3B, 11A, 16; Pt 2 Passenger Transport Regulation 2007 (NSW), cll 76, 77C, 77E; Pt 6, Div 4 Road Transport Act 2013 (NSW), ss 169A, 175; Sch 3, cll 3, 4 Cases Cited: Collins v Wilcock [1984] 1 WLR 1172 Eatts v Dawson (1990) 21 FCR 166 Hazell v Parramatta City Council [1968] 1 NSWR 165 Meering v Grahame-White Aviation Co Ltd (1919) 122 LT 44 Prior v Mole [2017] HCA 10; 91 ALJR 441 State of New South Wales v Smith [2017] NSWCA 194 Texts Cited: NSW Government Gazette, Number 111 of 11 December 2015