Austral v. Northern Territory of Australia

Binsaris v. Northern Territory of Australia

O'Shea v. Northern Territory of Australia

Webster v. Northern Territory of Australia

Lower Court Judgment

28/03/2025 Supreme Court of the Northern Territory (Court of Appeal) (Grant CJ; Reeves and Burns JJ) 

[2025] NTCA 3

Catchwords

Torts – battery – damages – exemplary damages – assessment of damages – where findings made by High Court that use of CS gas was unlawful – where matter remitted to Supreme Court for assessment of damages – where Supreme Court awarded exemplary damages – where findings made by Court of Appeal that basis of award of exemplary damages contrary to pleadings, evidence and uncontested findings of facts – where Court of Appeal overturned award of exemplary damages – whether error in overturning assessment of exemplary damages – whether the finding that the use of CS gas was unlawful was not a relevant circumstance in determining whether exemplary damages should be awarded – whether error in finding use of CS gas “reasonable and necessary” – whether inconsistent with judgment of Binsaris v Northern Territory of Australia (2020) 270 CLR 549 – whether error in finding the relevant state of mind enquiry for exemplary damages is whether the individuals who authorised the unlawful conduct knew their conduct was unlawful – whether error in holding that exemplary damages cannot be awarded against a state defendant for unlawful conduct of senior officers unless state’s liability is direct not vicarious.