Event and Time
Event Description
This case involves proceedings initiated by Andrew Hannam (the plaintiff) against the State of New South Wales (the defendant) seeking damages for negligence, assault, and battery. The events stem from an incident on 20 February 2016, during which the plaintiff, who was intoxicated, attempted to jump from a balcony while police were present. The police shot him with a taser in an effort to prevent him from jumping, but the taser was ineffective, leading the plaintiff to fall and sustain significant injuries.
Application and Claims
- Plaintiff's Claims:
- Damages for negligence due to the police's actions leading to his fall. - Damages for assault and battery related to the police's use of the taser.
- Defendant's Claims:
- An order for the plaintiff to pay costs on an indemnity basis. - An order to indemnify the defendant for costs from the plaintiff’s previous legal representatives.
Judicial Decisions
- The court ordered the plaintiff to pay the defendant’s costs on an ordinary basis until a specified date and an indemnity basis thereafter, totaling $600,000.
- The application for indemnity costs against the plaintiff’s previous solicitors was dismissed, with the court indicating the plaintiff and defendant would bear their own costs regarding these applications.
Dispute Points and Legal Basis
Dispute Points
Plaintiff’s Position
- Claims of Negligence:
- Asserted that police owed a duty of care as they intervened in a situation where the plaintiff was perceived to be in danger. - Argued that the police's action of deploying the taser was a breach of that duty, leading to his injuries.