Binsaris v Northern Territory

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, KEANE, GORDON AND EDELMAN JJMatter No D11/2019JOSIAH BINSARIS  APPELLANTANDNORTHERN TERRITORY OF AUSTRALIA  RESPONDENTMatter No D12/2019KEIRAN WEBSTER  APPELLANTANDNORTHERN TERRITORY OF AUSTRALIA  RESPONDENTMatter No D13/2019LEROY O'SHEA  APPELLANTANDNORTHERN TERRITORY OF AUSTRALIA  RESPONDENTMatter No D14/2019ETHAN AUSTRAL  APPELLANTANDNORTHERN TERRITORY OF AUSTRALIA  RESPONDENTBinsaris v Northern Territory Webster v Northern Territory O'Shea v Northern Territory Austral v Northern Territory [2020] HCA 22Date of Hearing: 18 March 2020Date of Judgment: 3 June 2020D11/2019, D12/2019, D13/2019 & D14/2019ORDERIn each matter:1.Appeal allowed with costs. 2.Set aside paragraph 1 of the orders made by the Court of Appeal of the Northern Territory on 18 February 2019 and paragraph 1 of the orders made by the Court of Appeal on 10 April 2019 and, in their place, order that: (a)the appeal be allowed with costs;(b)set aside paragraph 1(a) of the orders made by the Supreme Court of the Northern Territory on 21 March 2017 and in its place order that there be judgment for the plaintiff on the claim for damages for battery arising out of the use of CS gas at Don Dale Youth Detention Centre on 21 August 2014; (c)set aside paragraph 1 of the orders made by the Supreme Court of the Northern Territory on 3 December 2018 and in its place order that the defendant pay the plaintiff's costs of and incidental to the proceedings to be taxed on the standard basis. (These costs are to include the costs of all interlocutory proceedings other than those which have been the subject of separate...