Section 3B Of The Civil Liability Act 2002 (NSW)
by the state that the assault by the police officer was a negligent trespass and therefore exemplary and aggravated damages could not be awarded, was rejected. The Court found that it was clear that it was a case of intentional tort, but refrained from determining that if it had been a negligent trespass. In a view of that fact, a great caution must also be used in seeking to damages award.
There was also discussion of whether or not the injuries sustained by the plaintiff were personal injuries. Section 3B of the Civil Liability Act 2002 (NSW) will not apply to the calculation of personal injury damages for international torts. It means the tort legislation excludes “an intentional act that is done with intent to cause injury or death or
There was also discussion of whether or not the injuries sustained by the plaintiff were personal injuries. Section 3B of the Civil Liability Act 2002 (NSW) will not apply to the calculation of personal injury damages for international torts. It means the tort legislation excludes “an intentional act that is done with intent to cause injury or death or