Emde v NSW

[2025] NSWCA 41

NSW Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › False imprisonment
3. › Arrest without warrant
4. › Power to arrest under s 99 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)
5. › Whether police officers suspected on reasonable grounds that person committed offence
6. › Whether suspected offence comprised breach of ambiguous order
7. › Whether ambiguity relevant to reasonable grounds analysis
8. › Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 99(1)(a)
1. Torts
2. › False imprisonment
3. › Arrest without warrant
4. › Whether arrest reasonably necessary
5. › Whether arresting officer's satisfaction that arrest was reasonably necessary was manifestly unreasonable, arbitrary, capricious, irrational or not bona fide
6. › Whether failure to consider alternatives to arrest rendered satisfaction manifestly unreasonable
7. › Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 99(1)(b)
1. Practice and Procedure
2. › Court of Appeal
3. › Competency of appeal
4. › Monetary threshold
5. › Whether appeal involves matter at issue amounting to or of the value of $100,000 or more
6. › Need for party seeking to appeal to demonstrate realistic prospect that appeal would change wealth by at least $100,000
7. › District Court Act 1973 (NSW), s 127(2)(c)

Quick Take

Where a suspected offence comprises breach of an ambiguous court order, the ambiguity of the order is relevant to the s 99(1)(a) reasonable grounds analysis and cannot be disregarded; the question is not simply whether the person in fact committed the offence upon the proper construction of the order.