Lee v Kennedy & Ors [2000] NSWCA 153
On the facts found by the trial judge, the plaintiff was entitled to damages for false imprisonment as well as trespass to the person, and to aggravated and exemplary damages, warranting a substantial increase in the quantum of damages awarded.
- Jurisdiction
- Australia
- Judgment Date
- 26 June 2000
- Procedural Posture
- Appeal / After Trial Judgment in District Court; Appeal by Plaintiff on Damages
- Outcome
- Appeal allowed
- Legal Topics
- ['trespass to Land' 'trespass to Person' 'false Imprisonment' 'aggravated Damages' 'exemplary Damages']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / After Trial Judgment in District Court; Appeal by Plaintiff on Damages
Legal Issues
- 1 ['Whether plaintiff established false imprisonment as well as trespass to the person' 'Whether plaintiff is entitled to aggravated and exemplary damages' 'Whether damages should be increased']
Ratio Decidendi
On the facts found by the trial judge, the plaintiff was entitled to damages for false imprisonment as well as trespass to the person, and to aggravated and exemplary damages, warranting a substantial increase in the quantum of damages awarded.
Court Disposition
Appeal allowed
Orders
- ['Appeal upheld.' 'Judgment of the trial judge set aside.' 'Judgment for the plaintiff for $170,000 (comprising $25,000 general damages, $25,000 aggravated damages, $120,000 exemplary damages).' 'Parties may file submissions on costs within seven days.']
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