Fernando by his Tutor Ley v. Commonwealth of Australia & Anor

Lower Court Judgment

22/12/2014 Full Court of the Federal Court of Australia (Besanko J, Barker J, Robertson J)

[2014] FCAFC 181

Catchwords

Torts – False imprisonment – Where appellant’s visa was cancelled by Acting Minister – Where appellant was held in immigration detention for 1203 days – Where consent orders were made to quash decision of Acting Minister to cancel the visa – Whether a tortfeasor is permitted to escape liability to pay more than nominal damages if a lawful means could have been chosen by the tortfeasor to inflict the same loss and damage on the victim – Whether, after a determination of liability, an intermediate court of appeal remits a matter for assessment of damages whether the remittee court is bound in reaching its determination by the reasons as well as the orders of the remitting court.

Short Particulars