Trespass: Remedies

Question 1

SELF-HELP:

Answer 1

Force may be used to resist entry or person who doesn’t leave within reasonable time, but the force must be reasonable. Colwell v Rosehill Racecourse
Self-help cannot involve bodily harm. s277 s278 Criminal Code 1899 (Qld)

Question 2

DAMAGE:

Answer 2

Actionable per se don’t need to show damage 
No loss:
Nominal damages 
Trespass to Person
Trespass to Land

Loss:
Compensatory damages
Trespass to Person: Personal injury but if awarded then no exemplary or aggravated damages s52 CLA
Trespass to Land: Decrease in cost of land

Aggravated damages
Trespass to Land TCN Channel 9 Pty Ltd v Anning.

Exemplary damages
Trespass to Land TCN Channel 9 Pty Ltd v Anning.

Contemptuous damages

Question 3

INJUNCTION

Answer 3

Equitable remedy
a) Convince court that damages not an adequate remedy
If continuing trespass Graham v KD Morris