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Kingdom of Tonga v Lolohea [2009] TOCA 20; [2010] 1 LRC 769 (10 July 2009)

[2010] 1 LRC 769

COURT OF APPEAL OF TONGA

[ 2009 ] TOCA 12

KINGDOM OF TONGA

v

LOLOHEA

Court of Appeal
Ford P, Burchett, Salmon and Moore JJ
1, 10 July 2009

(1) Tort – False imprisonment – Remedies – Damages – General damages – Assessment – Respondent bringing claim for damages for wrongful imprisonment and inhumane treatment – Crown conceding liability – Trial judge awarding general damages, damages for inhumane punishment and exemplary damages – Whether award for inhumane punishment should be a separate head of damages or included in general damages – Role of appellate court – Whether appropriate to review award of damages – Calculation of general damages – Relevant considerations.

(2) Tort – False imprisonment – Remedies – Damages – Exemplary damages – Guidelines for award – Respondent bringing claim for damages for wrongful imprisonment and inhumane treatment – Crown conceding vicarious liability – Trial judge awarding general damages, damages for inhumane punishment and exemplary damages – Whether exemplary damages available for vicarious liability – Relevant considerations.

The respondent, L, was sentenced to six years' imprisonment for various offences. Whilst he was in prison he was subjected to inhumane treatment, including being manacled by his hands and feet in an exposed cell for two days. He claimed damages against the Crown totalling $280,000, comprising $260,000 for wrongful imprisonment and $20,000 for inhumane punishment. The Crown admitted liability and the trial dealt only with the issue of quantum. The trial judge awarded L $56,800 for general damages, $17,500 for damages for inhumane punishment and $7,000 for exemplary damages. The Crown appealed against those awards to the Court of Appeal and L cross-appealed, seeking further relief.

HELD: Appeal allowed in part; cross-appeal allowed in part.