Wang v State of NSW [2018] NSWDC 375

District Court New South Wales

Medium Neutral Citation: Wang v State of NSW [2018] NSWDC 375 Hearing dates: 7, 8, 9, 10, 11 March, 2, 3, 4, 5, 6, 10, 204 May & 26 August 2016, 23 February 2018, (Last submissions 13 March 2018) Date of orders: 07 December 2018 Decision date: 07 December 2018 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. Verdict and judgment for the plaintiff against the defendant, including interest, in the amount of $48,598.89;

2. The exhibits may be returned;

3. I will hear the parties on the question of costs;

4. Liberty to apply on 7 days' notice if further or other orders are required. Catchwords: TORTS – intentional torts – police officers – alleged wrongful arrest, assault, battery, wrongful imprisonment following arrest pursuant to a warrant – allegation of wrongful arrest not pressed; DAMAGES – assessment of general compensatory and aggravated damages for an extended period of wrongful imprisonment due to a delay in bringing the plaintiff before the Court in accordance with the terms of the warrant for his arrest Legislation Cited: Civil Procedure Act 2005, s 98, s 100, Crown Proceedings Act 1988, s 5 Law Enforcement (Powers and Responsibilities) Act 2002, s 101, s 201, Pt 9 Law Reform (Vicarious Liability) Act 1983, s 8 Local Court Rules 2009, r 1.3, r 7.1 Uniform Civil Procedure Rules 2005, Sch 7 cl 5(1)(c), r 31.27(1)(c) Cases Cited: Browne v Dunn (1893) 6 R 67 Coyle v State of New South Wales [2006] NSWCA 95 Ruddock v Taylor [2003] NSWCA 262; (2003) 58 NSWLR 269 Ruddock v Taylor [2005] HCA 48; (2005) 222 NSWLR 612 Smith v State of New South Wales [2016] NSWDC 55 State of New South Wales v Smith [2017] NSWCA 194 Williams v The Queen [1986] HCA 88; (1986) 161 CLR 279 Category: Principal judgment Parties: Jia Nong Wang (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Mr M McAuley (Plaintiff) Ms B Nolan (Defendant)