Plaintiff vs State of NSW

District Court New South Wales

CASE SUMMARY NO. 1

The Plaintiff resides in the state of New South Wales and is aged approximately 53 years of age.

The Plaintiff brought proceedings against the State of New South Wales for the following:

  1. False imprisonment;
  2. Assault;
  3. Battery

The proceedings brought against the State of New South Wales (formerly the NSW Police Department) was successful and heard before the District Court of NSW in late 2018.

The factual circumstances of the accident are as follows:

  1. Male, aged 53, sitting in Burke Street, Surry Hills, when police suddenly pull over at approximately 2.30am and question him.
  2. He was immediately searched on the footpath and forced to the ground and handcuffs were placed upon him.
  3. He was then transported to Kings Cross Police Station where an illegal strip search was performed and told to leave the premises and provided with a fuel can to attend the Downing Centre in the next few weeks.
  4. The strip search was illegal in all respects and it was conceded by the State of New South Wales, that the police officers owed a duty of care to the Plaintiff.

In His Honour’s final judgment he made a significant point as to the exemplary damages to be awarded to the Plaintiff due to the shocking and horriful conduct of the police officers.

His Honour in his Judgment clearly stipulated that the intent of exemplary damages is to punish the offender and accordingly the findings by the Judge were one of the highest exemplary damages awarded in recent times in any claim made against the state in the State of New South Wales.

Subsequent to His Honour’s findings, the NSW Police Commission conducted its own investigations. In addition to the findings of the Court, the State of NSW was punished to pay all the Plaintiff’s legal costs, which exceeded $250,000.

The Commissioner’s findings against the police have resulted in the police being expelled from NSW Police Force and no superannuation and/or future entitlements are allowed.

Do You Need A Lawyer?

Stop feeling like no one is on your side. We’re here to bat for you.

What Is The Cost Agreement?

Access knowledgeable advice and insights from Paramount Law towards your cost agreement.

Do You Know How To Claim?

Ready to make a claim and take the next big step in the process? We’ll show you how.

How much can you claim?

Take our 30 second test

Paramount Law specialise in all areas of compensation law and carry Accredited Specialist status.

Get in touch

Contacts

Head Office

Level 3, 44 Chippen Street, Chippendale NSW 2008

P (02) 9099 3199

We also service the following areas: Liverpool, Campbelltown, Brisbane, Central Coast, Perth, Wagga Wagga, Griffith, Hong Kong and New York

Business Hours

Monday to Friday
8:30am to 5:30pm

Compensation Payout Calculator

Please leave us your details to find out an estimated compensation amount