Rhani and Toby (Plaintiffs) could bring is a false imprisonment claim against Miss
Katie( Defendant) for locking them in the dance studio. False imprisonment is a
direct act by the defendant that intentionally deprives the plaintiff of his or her liberty
without lawful justification1. If it can be found that the defendant has fulfilled all the
conditions required for an action of false imprisonment then damages can be
rewarded because it is actionable per se, unless a suitable defence can be
presented.
The defendant’s actions must have been direct and caused the false imprisonment.
In Dickenson v Waters2 the plaintiff was held by police for shoplifting under the
instructions of a store manager. The court found that the actions of the store
manager not the Police officer were the direct action that caused the false
imprisonment.
3
This view was also taken in Ruddock v Taylor4 where the court
found that the actions of the Minister of Immigration and Multicultural affairs were the
direct actions that resulted in the imprisonment of Mr Taylor and not the actions of
officers that actually did the arresting. In the case at hand Miss Katie’s action of
deliberately locking door while the students were still inside was a direct act to the
plaintiff s on her behalf.
A central element of the action of False Imprisonment is the total deprivation of
plaintiff’s freedom. This element depends on whether the plaintiffs could have
escaped through the windows on the second floor or was this escape not feasible or
Sappideen, Carolyn, Prue Vines and Penelope Watson, Torts: Commentary and Materials (Thomson
Reuters, 11th ed, 2012). 3.80 51
2 (1931) 31 SR (NSW) 593
3 Sappideen, Carolyn, Prue Vines and Penelope Watson, Torts: Commentary and Materials (Thomson
Reuters, 11th ed, 2012). 3.90 53
4 (2005) 79 ALJR 1534 textbook 3.90 53
1
Mary Hilmi
Student #: 18494424
Page 1
safe.5
In Burton v Davies6 & General Accident Fire & Life Assurance Corp
Ltd7, Townley J stated:
“If I lock a person in a room with a window from which he may
jump to the ground at the risk of life or limb, I cannot be heard
to say that he was not imprisoned because he was free to leap
from the window.”8
From the facts presented it seems that the only means of escape was to jump from a
second storey window therefore it can be seen that the plaintiffs had no reasonable
means of escape.
The fault element for false imprisonment was discussed by Kirby J in Ruddock v
Taylor where he stated the fault element is irrelevant so the defendant cannot use
the reasons that she meant no harm. The essence of the matter is the deprivation of
liberty.9
As can be seen the elements of False Imprisonment have been satisfied and the
defendant may be liable for false imprisonment.
In the facts at hand it states that the defendant had seen one of the plaintiffs take her
property out of her bag. In this instance the defendant may be able to claim that
Burton v Davies [1953] QSR 26
ibid
7 [1953] St R Qd 26 at 30
5
6
8
http://www.lexisnexis.com.ezproxy.uws.edu.au/au/legal/results/enhdocview.do?docLinkInd=true&ers
Key=23_T23712228976&format=GNBFULL&startDocNo=0&resultsUrlKey=0_T23712228978&back
Key=20_T23712228979&csi=267931&docNo=9
9
http://intelliconnect.wkasiapacific.com.ezproxy.uws.edu.au/scion/secure/ctx_subjectguides_library_uws
_edu_au_law/index.jsp?cpid=WKAP-TAL-IC#page[5]
Mary Hilmi
Student #: 18494424
Page 2
section 52(2)10 of the Civil Liabilities Act 2002 (NSW) applies and her actions were
an effort to protect her property. If the defendant decides to use this she may fail if
she did not make any efforts to contact Police or inform the parents at the first
opportunity.
10
A person carries out conduct in self-defence if and only if the person believes the conduct is necessary:
 (a) to defend himself or herself or another person, or
 (b) to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person,
or
 (c) to protect property from unlawful taking, destruction, damage or interference, or
 (d) to prevent criminal trespass to any land or premises or to remove a person committing any such
criminal trespass,
Mary Hilmi
Student #: 18494424
Page 3