State of NSW v. Kable
Case No.
S352/2012
Case Information
Lower Court Judgment
8/08/2012 Supreme Court of New South Wales (Court of Appeal)
(Allsop P, Basten JA, Campbell JA, Meagher JA, McClellan CJ at CL.)
Catchwords
Constitutional law – Judicial power – Respondent detained pursuant to order of Supreme Court on application of Director of Public proceedings pursuant to purported State legislation – Legislation subsequently held invalid – Respondent sought damages from the appellant for false imprisonment – Whether orders of Supreme Court valid until set aside – Whether the orders of a State Supreme Court exercising federal jurisdiction in resolving the constitutionality of a State Act and exercising powers pursuant to that Act are deprived of the character of judicial orders by reason of the subsequent invalidity of the State Act.
Torts – False imprisonment – Defences – Lawful authority – Respondent held under order of Supreme Court that was subsequently set aside – Whether persons acting to obey orders of a State Supreme Court, which were valid on their face, have defence of lawful authority to tortious liability at common law.
Documents
14/12/2012 Hearing (SLA, Sydney)
19/12/2012 Notice of appeal
19/12/2012 Notice of constitutional matter (Appellant)
02/01/2013 Notice of Contention (Respondent)
02/01/2013 Notice of constitutional matter (Respondent)
25/01/2013 Written submissions (Appellant)
25/01/2013 Chronology (Appellant)
01/02/2013 Written submissions (Attorney-General of the Commonwealth intervening)
01/02/2013 Written submissions (Attorney-General for the State of Victoria intervening)
01/02/2013 Written submissions (Attorney-General for the State of Western Australia intervening)
08/02/2013 Written submissions (Attorney-General of the State of Queensland)
15/02/2013 Written submissions (Respondent)
01/03/2013 Reply
09/04/2013 Hearing (Full Court, Canberra)
05/06/2013 Judgment (Judgment summary)