Andrew O’Brien KC appeared for the applicant, instructed by Robinson Locke Litigation Lawyers.
This case concerned an appeal against the dismissal of the applicant’s claim for damages for false imprisonment by the District Court of Queensland. The Court of Appeal considered the application of the relevant statutory provisions, specifically from the Police Powers and Responsibilities Act 2000 (Qld). Sofronoff P reasoned (with Morrison and Philippides JJA agreeing) that the directions of the Trial Judge contained serious errors of law, with the applicant entitled to judgment on his claim. Leave to appeal was granted, with orders 1 and 2 of the orders made on 29 August 2019 set aside, and instead ordered that the plaintiff succeed on his claim for damages for false imprisonment, that there be judgment for the defendant on all other claims, that the proceeding be remitted to the District Court for the assessment of damages, that the costs of the trial be reserved, and that the respondent’s pay the applicant’s costs of the appeal.
The judgment can be read by clicking here
