Court of Appeal

Burke v State of Queensland & Ors [2014] QCA 200 (13/9947) Fraser and Gotterson JJA and Jackson J 22 August 2014

Full-text: QCA14-200.pdf

Catchwords

TORTS – TRESPASS – TRESPASS TO THE PERSON – ACTION FOR DAMAGES – where the intoxicated applicant was arrested but ran away from police – where the applicant was re-apprehended through force – where the applicant sustained injuries – whether the first respondent assaulted the applicant

TORTS – MALICIOUS PROCEDURE & FALSE IMPRISONMENT – FALSE IMPRISONMENT – JUSTIFICATION AND OTHER MATTERS – ARREST AND IMPRISONMENT IN CRIMINAL PROCEEDINGS – where the applicant served court documents on the first respondent at a police station – where the applicant was wanted for further questioning regarding a separate assault incident – where the second respondent, who was investigating the assault, was informed that the applicant would be attending the police station – where the applicant attempted to leave the police station – where the applicant was arrested – whether the arrest was lawful

APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES – ADMISSION OF FURTHER EVIDENCE – IN GENERAL – where the applicant sought to adduce multiple pieces of further evidence – whether there were special grounds for accepting the evidence

APPEAL AND NEW TRIAL – POINTS AND OBJECTIONS NOT TAKEN BELOW – WHEN NOT ALLOWED TO BE RAISED ON APPEAL – COURSE OF CONDUCT AT TRIAL – GENERALLY – where the grounds of appeal raised new matters not raised at trial – whether there are exceptional circumstances to allow the new matters on appeal

APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE’S FINDINGS OF FACT – FUNCTIONS OF APPELLATE COURT – WHERE FINDINGS BASED ON CREDIBILITY OF WITNESSES – GENERALLY – where the trial judge favoured the evidence of the respondents over the applicant – whether the trial judge was in error for favouring the evidence of the respondents

Uniform Civil Procedure Rules considered

Rule 741 — Costs may be set offRule 766 — General powers