State of New South Wales v Thomlinson [2018] NSWCA 151

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Thomlinson [2018] NSWCA 151 Hearing dates: 12, 13 September 2017 Date of orders: 12 July 2018 Decision date: 12 July 2018 Before: Meagher JA at [1]; Leeming JA at [96]; Payne JA at [97] Decision: 1. Appeal allowed. 2. Set aside the verdict and judgment entered on 16 December 2016 and the order for interest on that judgment made on 20 January 2017. 3. The respondent pay the appellant's costs of the appeal. 4. The respondent to have a certificate under the Suitors' Fund Act 1951 (NSW) in respect of the costs of the appeal. 5. Set aside the order for costs of the proceedings at first instance made on 16 December 2016. 6. The respondent repay to the appellant the sum of $100,000 together with interest to the date of this order, and thereafter in accordance with Civil Procedure Act 2005 (NSW), s 101. 7. Each of the parties file and serve within fourteen days written submissions (not to exceed six pages in total) as to the orders to be made in relation to a new trial or re-trial, and the payment of the costs of the proceedings at first instance, with a view to those matters being determined on the papers. Catchwords: TORTS – assault and false imprisonment – where respondent forcibly removed from licensed premises by police – whether respondent's licence to remain on the premises could be revoked at any time and without cause, entitling the occupier to remove him using reasonable force – whether premises a "common inn" – whether licence revoked by security guards acting on behalf of hotelier – whether security guards requested police to assist in respondent's removal from premises