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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

Case Nos. D9/2025, D10/2025, D11/2025, D12/2025
Case information

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.

Case Summary

Download a brief summary of the case

Documents
07/08/2025 Determination D3/2025
07/08/2025 Determination D4/2025
07/08/2025 Determination D5/2025
07/08/2025 Determination D6/2025
21/08/2025 Notice of appeal
25/09/2025
25/09/2025
23/10/2025
13/11/2025
11/03/2026 Hearing [2026] HCATrans 010 (Full Court, Canberra)
11/03/2026
11/03/2026
17/06/2026 Judgment (Judgment Summary) 
Case recording