Keywords: State of NSW – Train Officer – Rail Corporation NSW – Assault – Wrongfully Arrested – Battery – False imprisonment
DO, the Plaintiff, entered a NSW train station to board a train. Whilst inside the station, the Plaintiff became aware that the platform he desired was closed and proceeded to leave the station. Two Transit Officers approached the Plaintiff and demanded that he produce his rail ticket. The Plaintiff presented his ticket to the two Transit Officers and the Plaintiff was then asked by the Transit Officers to move to a separate area of the station to continue discussions, which the Plaintiff refused. The Plaintiff was pushed by one of the Transit Officers, tackled to the ground by both Transit Officers and handcuffed. The Plaintiff was informed he was under arrest but was not given a reason why by the Transit Officers. Police then arrived, and after only speaking to the Transit Officers, informed the Plaintiff that he was under arrest. He was then taken back to the police station and placed in a cell. Upon viewing CCTV footage from the incident, the Police informed the Plaintiff that the allegations of the Transit Officers could not be sustained and he was released without charge.
We were able to successfully assist DO by bringing an action against the State of NSW and Rail Corporation NSW for assault, battery and false imprisonment. DO received compensation after an informal settlement conference.
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