Full Court Minute Books

Case P37/2015

Fernando by his Tutor Ley v. Commonwealth of Australia & Anor

Case No.

P37/2015

Case Information

Lower Court Judgment

22/12/2014 Full Court of the Federal Court of Australia (Besanko J, Barker J, Robertson J)

[2014] FCAFC 181

Catchwords

Torts – False imprisonment – Where appellant’s visa was cancelled by Acting Minister – Where appellant was held in immigration detention for 1203 days – Where consent orders were made to quash decision of Acting Minister to cancel the visa – Whether a tortfeasor is permitted to escape liability to pay more than nominal damages if a lawful means could have been chosen by the tortfeasor to inflict the same loss and damage on the victim – Whether, after a determination of liability, an intermediate court of appeal remits a matter for assessment of damages whether the remittee court is bound in reaching its determination by the reasons as well as the orders of the remitting court.

Short Particulars

Documents

14/08/2015 Hearing (SLA, Perth)

27/08/2015 Notice of appeal

18/09/2015 Written submissions (Appellant)

18/09/2015 Chronology (Appellant)

14/10/2015 Written submissions (Respondents)

28/10/2015 Reply

05/11/2015 Hearing (Full Court, Canberra) (Audio-visual recording)