Fletcher v State of New South Wales [2019] NSWCA 31

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Fletcher v State of New South Wales [2019] NSWCA 31 Hearing dates: 9 August 2018 Date of orders: 26 February 2019 Decision date: 26 February 2019 Before: Beazley P at [1]; Basten JA at [4]; Payne JA at [30] Decision: (1) Dismiss the appeal.

(2) Order that the appellant pay the respondent's costs in this Court. Catchwords: TORTS – trespass to person – police powers to arrest – for breach of the peace – whether reasonable grounds for belief – whether force used limited to that reasonably necessary to prevent breach of the peace Legislation Cited: Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 4, 230 Cases Cited: R v Howell [1982] QB 416 State of New South Wales v Bouffler (2017) 95 NSWLR 521; [2017] NSWCA 185 Category: Principal judgment Parties: Daniel Fletcher (Appellant) State of New South Wales (Respondent) Representation: Counsel: Mr D Toomey SC / Mr D Morgan (Appellant) Mr W Windsor SC / Mr A Williams (Respondent)

Solicitors: Foott, Law & Co (Appellant) McCabes Lawyers (Respondent) File Number(s): 2018/9237 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Citation: [2017] NSWDC 367 Date of Decision: 15 December 2017 Before: Montgomery DCJ File Number(s): 2015/135825