State of New South Wales v Ouhammi [2019] NSWCA 225 (11 September 2019) (Basten JA at [1]; Brereton JA at [47]; Simpson AJA at [137])


Catchwords:


TORTS – negligence – negligent battery – plaintiff’s thumb injured by police officer closing door while plaintiff held in cell – negligent battery – no intention to cause injury – application of Civil Liability Act 2002 (NSW) – onus of proof – whether police officer should have taken precautions – whether damages should be reduced due to plaintiff’s intoxication – quantum of damages