Peter Tierney Header Image

Peter's Cases

Some of the more interesting cases which Peter has appeared in include:

Case Categories

Intentional torts Human rights Succession Restitution

Intentional torts

  • Lewis v The Australian Capital Territory 271 CLR 192; [2020] HCA 26; 94 ALJR 740; 381 ALR 375 (also at first instance and on appeal) (principles for damages in false imprisonment)
  • Campbell v Northern Territory of Australia (No 3) [2021] FCA 1089 at [424]-[471] (development of the common law principle of “residual liberty” in the tort of false imprisonment)
  • The Trustees for the Diocese of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78 (also at first instance) (permanent stay ordered in historic abuse case - reversed in the High Court of Australia)
  • MTH v The State of New South Wales & Ors [2025] NSWCA 122 (also at first instance) (evidence – use of certificate of conviction in civil proceedings, ss 91 and 92 of the Evidence Act and limits of judicial assistance to a self-represented litigant – findings in the latter issue disapproved in Chalik v Chalik [2025] NSWCA 136)
  • Higgins v Pretorius [2025] ACTSC 64 (Battery – compensation for blow by a mallet)
  • Pretorius v Higgins [2025] ACTSC 216 (Stay based on Anshun estoppel)

Human rights

  • Yasmin v Attorney-General of the Commonwealth of Australia [2015] FCA 91 and [2015] FCAFC 145 (administrative law and prerogative of mercy)
  • Monaghan v Australian Capital Territory (No 2) [2016] ACTSC 352 (30 November 2016) ​ (Human Rights Act (ACT) and novel duty of care in bail processing)
  • Attorney-General v Fitzgerald [2024] NZCA 419 (New Zealand Bill of Rights Act s. 9, compensation for disproportionate punishment) (currently on appeal to the Supreme Court of New Zealand)
  • LFDB v SM [2016] NZCA 295 (debarred litigant, human rights, Trans-Tasman proceedings and judicial comity)​
  • Jasmin v The Queen [2017] WASCA 122 (29 June 2017) (miscarriage of justice, statutory referral powers and directed acquittal)
  • Eastman v The Australian Capital Territory [2019] ACTSC 280 (wrongful conviction, miscarriage of justice and first award of compensation under the Human Rights Act (ACT))
  • Deng v Australian Capital Territory (No 3) [2022] ACTSC 262 (also on appeal) (jurisdiction of inferior court, jurisdictional error and construction and application of the Human Rights Act (ACT))
  • Featherstone v Australian Capital Territory [2022] ACTSC 250 (status of declaratory relief under the Human Rights Act 2004 (ACT), in rem judgments)
  • Williams v Director General of the Justice and Community Safety Directorate [2025] ACTSC 296 (Declaratory relief granted for breaches of the plaintiff’s rights, as a detainee, to be treated humanely and protected from treatment which is degrading and in breach of her right to privacy)

Succession

  • Borthwick v Mitchell [2017] NSWSC 1145 (31 August 2017) (Informal will - unsigned notes transcribed by interested witness)
  • Middleton v Schofield 2022] NSWSC 1454 (Construction of wills, extrinsic evidence)
  • The estate of Tabain [2025] NSWSC 690 (Injunction to restrain a solicitor for the opposing party in probate proceedings)

Restitution

  • Carpenter & Anor v Morris & Anor [2023] NSWCA 124 (also at first instance) (restitution - moneys had and received and implied terms in contract)
The counsel teams for the appellant and Te Kāhui Tika Tangata Human Rights Commission

The counsel teams for the appellant and Te Kāhui Tika Tangata Human Rights Commission in Fitzgerald v The Attorney - General Supreme Court of New Zealand (March 2025). Peter appeared as a member of the counsel team for the appellant.

peter tierney
Contact