The civil defence of self-defence is made out where the defendant subjectively believed, on reasonable grounds, that the force used was necessary for the protection of himself or another; proportionality is a relevant factor but not inherently determinative. 'Unlawful' in s 52 of the Civil Liability Act 2002 (NSW) extends to purely tortious conduct, not just criminal conduct. The defence of necessity requires a situation of immediate danger and that the actions taken were reasonably necessary as viewed at the time; it is not an answer that the actions were not in fact necessary. Awards of damages in linked proceedings arising from the same facts may be compared notwithstanding the Planet Fisheries principle.
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