The Court of Appeal held that new arguments challenging the lawfulness of an arrest under s 458 of the Crimes Act 1958 could not be raised for the first time on appeal where they could have been met by evidence at trial, or where permitting them would not further the overarching purpose of the Civil Procedure Act 2010, even if framed as pure questions of law. On the merits, the Court upheld the trial judge's finding that the arresting officer held a belief on reasonable grounds that the applicant was committing offences under the CHO directions, based on intelligence documents and observed conduct, notwithstanding that the stated grounds at the time of arrest did not precisely correspond with the officer's actual beliefs. The Court also upheld a damages award of $4,000 for two unlawful arrests and a costs order requiring the applicant to pay 70% of the State's costs after an unaccepted offer of compromise, finding the proceeding was not public interest litigation but had public interest elements warranting a 30% reduction from the default costs consequences.
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