In June 2008, the High Court decided that Sydney man Murat Kuru was
entitled to compensation after he sued the NSW Police because its officers
refused to leave his unit, even though he asked them at least six times to do
so. The police had come to the address in June 2001 to investigate a report
of domestic violence. Earlier Kuru had argued with his girlfriend, who had
left the unit before police arrived, but there had been no violence. Kuru was arrested, punched, handcuffed, sprayed with pepper spray and fell down the stairs before he was taken to the police station and locked up for
the night. He sued the police for trespass and for false imprisonment. In 2005, the District Court awarded Kuru $418,265 in damages. This
decision was overturned in 2007 by the Court of Appeal. In 2008 the High
Court upheld the original decision. Four out of five High Court judges held that the police had neither statutory
nor common law right to remain at Kuru’s unit once permission was
withdrawn. By refusing to leave, they were provoking the occupant and
exceeding their authority. Partner Maithri Panagoda represented Murat Kuru over several years as the
case made its way through successive courts: I think a real highlight in my career was Kuru v The State of NSW. It
went all the way to the High Court and we won. It’s a landmark case
in Australia about police powers. The client was arrested by police at
his own flat. There were six police officers. There was a scuffle and
our client suffered injuries. A lot of injuries, psychological as well as
physical. And we sued the police of the state of NSW. We won in the
District Court, they appealed and they won in the Court of Appeal.
Then we appealed to the High Court and we won. The significance of
that case is, it now defines police powers in this state.
entitled to compensation after he sued the NSW Police because its officers
refused to leave his unit, even though he asked them at least six times to do
so. The police had come to the address in June 2001 to investigate a report
of domestic violence. Earlier Kuru had argued with his girlfriend, who had
left the unit before police arrived, but there had been no violence. Kuru was arrested, punched, handcuffed, sprayed with pepper spray and fell down the stairs before he was taken to the police station and locked up for
the night. He sued the police for trespass and for false imprisonment. In 2005, the District Court awarded Kuru $418,265 in damages. This
decision was overturned in 2007 by the Court of Appeal. In 2008 the High
Court upheld the original decision. Four out of five High Court judges held that the police had neither statutory
nor common law right to remain at Kuru’s unit once permission was
withdrawn. By refusing to leave, they were provoking the occupant and
exceeding their authority. Partner Maithri Panagoda represented Murat Kuru over several years as the
case made its way through successive courts: I think a real highlight in my career was Kuru v The State of NSW. It
went all the way to the High Court and we won. It’s a landmark case
in Australia about police powers. The client was arrested by police at
his own flat. There were six police officers. There was a scuffle and
our client suffered injuries. A lot of injuries, psychological as well as
physical. And we sued the police of the state of NSW. We won in the
District Court, they appealed and they won in the Court of Appeal.
Then we appealed to the High Court and we won. The significance of
that case is, it now defines police powers in this state.