State of NSW v Ibbett (2006) 229 CLR 638

Facts: Mrs Ibbett, a 75yo grandmother, the plaintiff (Pl) brought an action against police officers (POs). POs entered her home looking for Mr Ibbett, her son. They had seen him driving and he had previously been charged with drug-related offences. Neither PO had the right to arrest or be on property, and neither PO was in uniform. Mr Ibbett drove home and into the garages but the POs broke in under the roller door. Mrs Ibbett was awoken by the noise and comes into the garage and the constable swings a gun at her. They handcuffed him, searched the car and strip-searched him but found no drugs. Criminal proceedings instigated and later dropped. 

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