Media organisations entering private property with cameras rolling, without requesting permission to film, commit trespass from the moment of entry even if the gate is unlocked, because such entry falls outside any implied licence. Entry for a purpose which the entrant knows or understands the occupier would not consent to is outside the implied licence. Damages for mental trauma are not recoverable as consequential damages for trespass to land where the trespass consists of filming and attempting to conduct an interview, as such conduct does not naturally and probably result in personal injury in a person of normal fortitude. Exemplary damages must be separately identified from aggravated damages. The question whether psychiatric injury may ever be recoverable in trespass to land was expressly left open.
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