Walker v State of Queensland

DISTRICT COURT OF QUEENSLAND CITATION: Walker v State of Queensland [2022] QDC 168 PARTIES: RICHARD SCOTT WALKER (plaintiff) vSTATE OF QUEENSLAND (defendant) FILE NO/S: 1135/18 DIVISION: Civil PROCEEDING: Hearing for assessment of damages ORIGINATING COURT: Brisbane District Court DELIVERED ON: 5 August 2022 DELIVERED AT: Brisbane District Court HEARING DATE: 12 – 14 April 2022 JUDGES: Byrne QC DCJ ORDERS: CATCHWORDS: LEGISLATION: CASES: 1.   I assess damages, including aggravated damages, in the total amount of $30,000. 2. I allow interest pursuant to section 58 of the Civil Proceedings Act 2011 from 10 September 2014 to the date of judgment. 3.   I will hear the parties as to costs. TORTS – FALSE IMPRISONMENT – INERFERENCE WITH PERSON - ASESSMENT OF DAMAGES – CIVIL PROCEDURE – TRIAL – where a jury in the District Court found for the defendant in claims for malicious prosecution and false imprisonment - Where the Court of Appeal allowed the plaintiff’s appeal on the false imprisonment claim only and remitted the matter for an assessment of damages –where the plaintiff is seeking damages for general, aggravated and exemplary damages – where the plaintiff was unlawfully detained by police while he believed his father was about to pass away in hospital – where police would not allow the plaintiff to leave to be with his father – where police officers believed they were acting according to their training and mandated requirements - whether the plaintiff suffered emotional distress from the false imprisonment – whether the plaintiff suffered reputational...