Key Words: Assault (including personal injury) – battery – false imprisonment – unlawful arrest – malicious prosecution – successful settlement
Facts:
LK was a member of the Australian Defence Force. During his free time, he and some friends went to a bar in Sydney. After failing to comply with police instructions to exit the bar, LK was charged with failing to leave licensed premises.
At the police station, LK was placed in the dock area. While sitting there, he was grabbed by the neck and assaulted by police. While he defended himself, several other police joined in the assault and significantly injured his shoulder.
As a result of the injury, LK was unable to go on tour to Afghanistan and lost substantial earnings.
LK approached O’Brien Solicitors to help him explore any options of recourse he might have against the police.
Outcome:
O’Brien Solicitors helped LK successfully sue the NSW police for assault (including personal injury), battery, false imprisonment (unlawful arrest), and malicious prosecution. The matter was settled out of Court, with an outcome in favour of LK.