New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Police


  1. 09/12/2016
    Police: nature and incidents of service of police officers; vicarious liability of State for tortious conduct of police officers

    State of New South Wales v Briggs  [2016] NSWCA 344
  2. 27/10/2016
    Police: attempt by police officer to delete photographs taken of arrest; photographs recovered from memory of camera; charges for resisting arrest and assaulting police dismissed; appellants brought claim against State alleging tortious conduct by police officers
    Chen v State of New South Wales (No 2)  [2016] NSWCA 292
  3. 16/05/2016
    Police: police superannuation; application to District Court for determination by person aggrieved by decision made by SAS Trustee Corporation (‘STC’); nature of jurisdiction; Police Regulation (Superannuation) Act 1906 (NSW), s 21(1); entitlement to backdating of additional amount of annual superannuation allowance; appellant did not seek backdating of additional amount in application for that payment; STC determined additional amount payable from date application was received; application to District Court for determination in relation to STC’s decision as to commencement date of additional payment; Police Regulation (Superannuation) Act ss s 10(1A)(b), 10(1D).
    Daley v SAS Trustee Corporation  [2016] NSWCA 111
  4. 28/08/2014
    Police: Police Regulation (Superannuation) Act 1906 (NSW)s 10(1A)(c); additional amount payable to a disabled member of the police force who was required to be exposed to "risks to which members of the general workforce would normally not be required to be exposed in the course of their employment"; construction of s 10(1A)(c); degree of specificity with which "risks" should be characterised; whether the risks to which the respondent was exposed were sufficiently exceptional; whether the additional amount awarded by the trial judge was commensurate with those risks; appeal dismissed
    SAS Trustee Corporation v Green  Green [2014] NSWCA 289
  5. 13/03/2014
    Police: rights, powers and duties; actions for malicious arrest, assault, battery and misfeasance in public office; whether lawful arrest
    State of New South Wales v Hunt  [2014] NSWCA 47
  6. 10/03/2014
    Police: rights, powers and duties; powers of police short of arrest to stop or prevent commission of offence; conduct of police when exercising such authority
    Chen v State of New South Wales  [2014] NSWCA 41
  7. 10/03/2014
    Police: actions for wrongful arrest, trespass, assault and battery; conduct of police when arresting; use of physical force by police officers to restrain offender; use of force to prevent commission of further offence; reasonableness of force used; whether trespass to person justified
    Chen v State of New South Wales  [2014] NSWCA 41
  8. 10/10/2013
    Police: powers and duties; power to seize property to prevent breach of the peace; consideration of nature of power at common law and as preserved by statute
    Poidevin v Semaan  [2013] NSWCA 334
  9. 15/07/2010
    Police: Entitlement to superannuation for being hurt on duty under s 10(1A)(b); whether police officer who retired in July 2001 had to comply with requirements of amending legislation, where there was no requirement to make application for payment and no time constraint to do so prior to 30 June 2006
    SAS Trustee Corporation v Patterson  [2010] NSWCA 167
  10. 09/04/2010
    Police: Wrongful arrest and false imprisonment claims; whether arrest lawful at common law; Christie v Leachinsky discussed; informing suspects of the "true reason" for arrest; statutory preconditions for arrest
    Johnstone v State of New South Wales  [2010] NSWCA 70