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- At first, the case succeeded and the victim was awarded remedy of cash
- However, The State appealed to the Court of Appeal as they felt that the damages awarded and the case was excessive
- If the respondent's claims of trespass against the person succeeded, trespass of property would also succeed and vice versa
- Court of Appeal concluded that even though the appellant revoked the permission of entry, the police were not trespassers when they first made physical contact
- Santow and Ipp JA stated that the police had both common law and statutory justification for remaining in the apartment
- 357F stated that invitation was enough permission needed for police entry "whether or not the person is an adult"
- An "occupier" of the house (person entitled to the ownership and possession of a property)
- There was a difference distinguished between the refusal of entry, the invitation to ENTER a property, and the invitation to REMAIN in the property
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