The State of Western Australia is not vicariously liable for the tortious acts of police officers committed in the exercise of their independent discretion in law enforcement, applying the Enever principle. The tort of misfeasance in public office requires the defendant to hold the relevant public office at the time of the alleged acts; acts committed after ceasing to hold office cannot constitute the tort. Witness immunity bars claims based on giving false evidence or swearing false affidavits in judicial proceedings, but does not extend to the fabrication of evidence or false statements to internal police inquiries. An arguable estoppel may exist to defeat limitation defences where defendants actively concealed their misconduct, causing the plaintiff to assume proceedings would be hopeless.
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