Police torts, assault, claim for aggravated damages and exemplary damages: Walker & Anor v Hamm & Ors (No 2) [2009] VSC 290 (22 July 2009)

July 23, 2009 |

Yesterday Smith J handed down final orders in the Walker & Anor v Hamm & Ors (No 2) [2009] VSC 290.   The final outcome is, on my research, a record in Victoria (and probably in Australia) for an award for a police tort (assault by the coppers). The final awards are:


158 To sum up, I have come to the conclusion that aggravated damages should be awarded to Donald Walker in the sum of $200,000. He should also receive $400,000 by way of exemplary damages. Marcus Walker should be awarded aggravated damages of $75,000. The estate should be awarded aggravated damages of $100,000.

159 In relation to interest, interest on general damages should be awarded as follows:

  • Donald Walker $63,000
  • Marcus Walker $42,000
  • Marcia Walker’s Estate $21,000

Interest should be awarded on their damages for economic loss to Donald and Marcus Walker as follows:

  • Donald Walker $310,843 and $98.63 per day from 18 May 2009
  • Marcus Walker $128,492 and $54 per day from 18 May 2009

160 As to costs, the defendants should be ordered to pay the plaintiffs’ costs in each proceeding on an indemnity basis.

Ron Meldrum QC acted for the plaintiffs.  I was his junior and will be at the appeal.

The Herald Sun gave the case a front page splash today with a very tough editorial

The defendants have indicated that this case will go on appeal.  C’est la vie.

Just to show that some with a badge and some authority just don’t get it there is an article in today’s Herald Sun Connex staff allegedly put woman in headlock at station.   



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