battery

Fuller v State of New South Wales [2025] NSWDC 350

Keywords:

Keywords:

application of s52 Civil Liability Act 2002 (NSW), application of s54 Civil Liability Act 2002 (NSW), availability of joint vicarious liability, battery, battery and false imprisonment, Limitations Act, self-defence, torts, vicarious liability, whether employer vicariously liable for acts of security guards, whether occupier of licensed premises vicariously liable for contracted security guards, whether plaintiff precluded from recovery because of conduct constituting a serious offence, whether proceedings brought within time pursuant to s14 if commenced but not served within prescribed period, whether security guards undertook lawful arrest, whether security guards used reasonable force to make arrest

Keywords:

battery, battery not made out, breach, causation, chain of causation broken, distinct and significant criminal action of third party led to arrest leading up to injury, duty of care, no breach made out, novus actus interveniens, police officers owe duty to take reasonable care to avoid risk of harm to class of persons in immediate vicinity of operational response during protest march, police utterly without fault in colliding with the respondent, public authorities, reasonable to effect arrest in the way done, regard to be had to police obligations to take actions to prevent breaches of the peace even in crowded situations, risk of harm in police actions inflicting physical injury on identified class of person, s43A of Civil Liability Act 2002 (NSW) inapplicable, third party actions leading to respondent’s injury not occurring in ordinary course of events which might flow from police action, Trespass to the person

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and future economic loss, appeal only as to assessment of damages, battery, chronic post-traumatic stress disorder, determination of general damages, Intentional torts, past economic loss, torts

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Assault, battery, Civil Liability Act 2002 (NSW), self-defence, ss 52 and 53, trespass to person

Keywords:

Assault, battery, Defences, false imprisonment, Suspicion on reasonable grounds, torts, Trespass to the person, Whether satisfied arrest reasonably necessary, wrongful arrest

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aggravated and exemplary damages, battery, sexual assault, torts, Trespass to the person

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admissibility, Assault, battery, evidence, Hearsay, Interference with the person, Joint wrongdoers, Liability-only trial, Multiple wrongdoers, proportionate liability and contribution, torts, Trespass to the person

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award of damages including compensation for custody that was not a natural and probable consequence of the prosecution, battery, false imprisonment, intentional act done with intent to cause injury or death, malicious prosecution, Section 3B(1)(a) applying to exclude the operation of Section 43A, Section 43A Civil Liability Act 2002 excluding liability arising from the conduct of the appellant, Trespass to the person, unlawful exercise of power pursuant to Section 21 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), where award of exemplary damage is excessive, wrongful arrest

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