Adams v Kennedy & Ors [2000] NSWCA 152

Adams v Kennedy & Ors [2000] NSWCA 152

On the trial judge's findings, the plaintiff had committed no offence, Constable Kennedy had no reasonable grounds for his belief that an assault had occurred, and the plaintiff was not told what he was being arrested for. No Christie v Leachinsky exception was established. The arrest was therefore unlawful and constituted the starting point of false imprisonment; the forcible entry was trespass to land; and the conduct found also warranted an aggregate award of exemplary damages in addition to the damages already assessed.

Jurisdiction
Australia
Judgment Date
26 June 2000
Procedural Posture
Appeal in Tort Proceedings for Trespass to Land, Trespass to Person and False Imprisonment / Appeal to the New South Wales Court of Appeal From a District Court Judgment; Leave to Appeal Granted to the Plaintiff and Refused to the Defendants
Outcome
Appeal allowed; trial judgment set aside; judgment entered for the plaintiff in the sum of $160,000; costs submissions to be filed within seven days.
Legal Topics
['trespass to Land' 'trespass to the Person' 'false Imprisonment' 'unlawful Arrest' 'exemplary Damages' 'vicarious Liability']
['torts' 'police Powers' 'civil Procedure'] ['trespass to Land' 'trespass to the Person' 'false Imprisonment' 'unlawful Arrest' 'exemplary Damages' 'vicarious Liability']

Case Brief

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Procedural Posture

Appeal in Tort Proceedings for Trespass to Land, Trespass to Person and False Imprisonment / Appeal to the New South Wales Court of Appeal From a District Court Judgment; Leave to Appeal Granted to the Plaintiff and Refused to the Defendants

Legal Issues

  1. 1 ["Whether the plaintiff's arrest was unlawful where police did not tell him what he was being arrested for" "Whether the police officers' entry onto the plaintiff's premises amounted to trespass to land" 'Whether the unlawful arrest constituted false imprisonment' 'Whether exemplary damages should have been awarded' 'What damages should be awarded on appeal']

Ratio Decidendi

On the trial judge's findings, the plaintiff had committed no offence, Constable Kennedy had no reasonable grounds for his belief that an assault had occurred, and the plaintiff was not told what he was being arrested for. No Christie v Leachinsky exception was established. The arrest was therefore unlawful and constituted the starting point of false imprisonment; the forcible entry was trespass to land; and the conduct found also warranted an aggregate award of exemplary damages in addition to the damages already assessed.

Court Disposition

Appeal allowed; trial judgment set aside; judgment entered for the plaintiff in the sum of $160,000; costs submissions to be filed within seven days.

Orders

  • ['Appeal upheld.' 'The judgment of the trial judge set aside.' "In its place judgment for the plaintiff is ordered in the sum of $160,000 (being the sum of $50,000 general damages and $10,000 for the plaintiff's reduced earning capacity as assessed by the judge, and a further amount of $100,000 exemplary damages for...