Full Court Minute Books

Case C14/2019

Lewis v. The Australian Capital Territory

Case No.


Case Information

Lower Court Judgment

25/06/2019 Supreme Court of the Australian Capital Territory (Court of Appeal) (Elkaim, Loukas-Karlsson and Charlesworth JJ)

[2019] ACTCA 16


Torts – False imprisonment – Compensatory damages – Vindicatory damages – Principle of inevitability – Where offender sentenced to 12 months’ imprisonment to be served by periodic detention – Where Sentence Administration Board (“Board”) cancelled periodic detention without giving offender opportunity to decide whether to attend before Board – Where offender arrested and imprisoned for 82 days – Where Board’s decision a nullity and imprisonment held to be unlawful – Where offender awarded nominal damages of $1 – Whether offender would have been lawfully imprisoned if had not been unlawfully imprisoned and therefore not entitled to substantial compensatory damages – Whether entitled to vindicatory damages.


16/10/2019 Determination (SLA, Canberra)

25/10/2019 Notice of appeal

05/12/2019 Written submissions (Appellant)

05/12/2019 Chronology (Appellant)

22/01/2020 Written submissions (Respondent)

05/02/2020 Written submissions (Commonwealth seeking leave to intervene)

18/02/2020 Replacement reply

02/06/2020 Hearing (Full Court)

02/06/2020 Outline of oral argument (Appellant)

02/06/2020 Outline of oral argument (Respondent)

02/06/2020 Outline of oral argument (Commonwealth intervening)

05/08/2020 Judgment (Judgment summary)