State of NSW v Knight

[2002] NSWCA 392

NSW Court of Appeal

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Interrogate

Catchwords

1. Tort
2. › Trespass to the person
3. › Assault
4. › Police assault during pursuit
5. › Vicarious liability of State
6. › Whether injuries caused by assault or fall
7. › Law Reform (Vicarious Liability) Act 1983 (NSW), s 8
1. Tort
2. › Relationship between trespass and negligence
3. › Whether intentional torts lie only in trespass
4. › Overlap between causes of action
5. › Williams v Milotin (1957) 97 CLR 465
1. Evidence
2. › Post-hypnosis evidence
3. › Admissibility and weight in civil proceedings
4. › Whether evidence recovered through hypnosis can be relied upon
1. Practice and Procedure
2. › Appeal
3. › Interlocutory judgment
4. › Leave to appeal
5. › Judgment on liability alone with damages to be assessed
6. › Supreme Court Act 1970 (NSW), s 101(2)(e)

Quick Take

In Australian law, there is a substantial overlay between trespass to the person and negligence as causes of action; the English approach of strict separation (Letang v Cooper) does not apply. Post-hypnosis evidence in civil cases goes only to weight, not admissibility. A judgment on liability alone with damages to be assessed is interlocutory, requiring leave to appeal under s 101(2)(e) of the Supreme Court Act 1970 (NSW).