Full Court Minute Books

Case S352/2012

State of NSW v. Kable

Case No.


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.)

[2012] NSWCA 243


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.

Short Particulars


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)

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