A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Weekly Insurance Law Review

Friday, 3 October 2014
Executive Summary (One Minute Read)

NSW v Talovic (NSWCA) - false imprisonment - trespass - mental health - statutory construction - mentally disturbed - appeal allowed 

Summaries With Link (Five Minute Read)

NSW v Talovic [2014] NSWCA 333

Court of Appeal of New South Wales

Basten & Emmett JJA; Tobias AJA

False imprisonment - trespass - mental health - respondent apprehended by police officers who arranged removal from home to mental health facility - respondent successfully sued NSW for damages for wrongful arrest, false imprisonment and trespass - NSW sought leave to appeal - scope of s22 Mental Health Act 2007 (NSW) - mentally disturbed - held: trial judge misconstrued chapeau to s22 requiring an objective test that respondent appeared to be mentally disturbed or mentally ill, when he should have applied a subjective test - s22 was available to police officers who took respondent to facility - no basis for order for exemplary damages - no error in finding police's search of rooms constituted trespass - appeal allowed - judgment for respondent set aside - respondent entitled to award of $5,000 compensatory damages for trespass - respondent not entitled to award of exemplary damages - retrial of claim for compensatory damages for false imprisonment - matter remitted.


[From Benchmark 29 September 2014]


Love and Friendship

Emily Brontë

Love is like the wild rose-briar,

Friendship like the holly-tree-

The holly is dark when the rose-briar blooms

But which will bloom most constantly?


The wild rose-briar is sweet in spring,

Its summer blossoms scent the air;

Yet wait till winter comes again

And who will call the wild-briar fair?


Then scorn the silly rose-wreath now

And deck thee with the holly’s sheen,

That when December blights thy brow

He still may leave thy garland green.


Emily Brontë