High Court of Australia

State of NSW v Kable [2013] HCA 26

87 ALJR 737; 298 ALR 144

5 Jun 2013

Case Number: S352/2012


French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ


Constitutional law – Judicial power – Respondent detained pursuant to order of Supreme Court of New South Wales made under Community Protection Act 1994 (NSW) ("CP Act") – CP Act subsequently held invalid – Respondent sought damages for false imprisonment – Whether order of Supreme Court valid until set aside – Whether order of Supreme Court judicial order.

Torts – False imprisonment – Defences – Lawful authority – Respondent held under order of Supreme Court subsequently set aside – Whether officers of appellant could rely on order made under invalid legislation as lawful authority.

Words and phrases – "judicial order", "lawful authority", "superior court of record", "void ab initio", "void or voidable".

Constitution – ss 76, 77.

Community Protection Act 1994 (NSW) – s 9.

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