Wang v NSW

[2019] NSWCA 263

NSW Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › False imprisonment
3. › Wrongful arrest
4. › Arrest pursuant to warrant
5. › Whether police required to consider alternatives to arrest when executing warrant
6. › Whether police required to give reasons for arrest beyond stating existence of warrant
7. › Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 99, 101, 201(2)
1. Torts
2. › Assault and battery
3. › Arrest by police
4. › Whether primary judge erred in preferring evidence of police officers to plaintiff
5. › Appellate review of findings of fact
1. Practice and Procedure
2. › Appeal from District Court
3. › Leave to appeal
4. › Whether matter at issue exceeds $100,000
5. › Whether appeal raises question of general public importance
6. › District Court Act 1973 (NSW), s 127(2)(c)
1. Practice and Procedure
2. › Duty of trial judge to give reasons
3. › Whether failure to address all submissions constitutes constructive failure to exercise jurisdiction
4. › Dranichnikov v Minister for Immigration & Multicultural Affairs (2003) 77 ALJR 1088

Quick Take

Police executing an arrest warrant under s 101 of LEPRA are not required to consider alternatives to arrest, and stating that there is a warrant for the person's arrest satisfies the requirement under s 201(2) to give reasons for the exercise of the power.