Assignment Task: Rowan is a successful barrister specialising in employment law. Each morning, Rowan catches the train into her chambers in the city. One rainy day last month, Rowan was running late and arrived at her local train station just as her train was due to depart. To her dismay, Rowan realised she had left her phone and wallet on the kitchen bench at home. As she was due in court for the first day of a trial, Rowan felt she didn't have time to go home to retrieve her forgotten items, so she hopped on the train without paying the fare.
Unfortunately for Rowan, two Transit Officers, Neville and Rex, were on the train checking that those on board had valid tickets or had 'tapped on' using their opal cards or other valid contactless cards. The Transit Act 2020 (NSW)∗ authorises Transit Officers to request the name and address of anyone they believe, on reasonable grounds, has committed the offence of fare evasion. Transit Officers are also authorised to arrest and detain anyone they believe on reasonable grounds has committed the offence of fare evasion in circumstances where they reasonably believe that the arrest and detention are necessary to ensure the person appears before a court.
As the train was approaching Town Hall station, Neville and Rex approached Rowan and asked to see a ticket or the card that she had used to 'tap on'. Rowan said, 'I am sorry, but I left my wallet at home and was in a rush and was worried about being late for work.' When the train arrived at Town Hall station, Neville told Rowan that she must accompany him off the train to record her name and address. As they stepped off the train, Rex said to Rowan, 'Watch your step,' and firmly gripped his hand around Rowan's arm. Neville then said, 'Why don't we go to the station master's office so we can sort you out?' Rowan said nothing and reluctantly walked to the station master's office with Neville and Rex on either side. When they arrived at the station master's office, Neville closed the door and sat at the desk in preparation for writing down Rowan's details. Rex stood directly in front of the closed door with his arms folded, blocking the only entrance into or out of the room. This process was taking some time and Rowan was getting increasingly anxious about being late for court. She asked to leave but Rex told her to wait. After Neville recorded Rowan's details, Rex opened the door and moved to one side to allow Rowan to walk out.
Due to the morning events, Rowan was 45 minutes late to court and reprimanded by the judge, who made a fuss about Rowan's tardiness and demanded an explanation. Rowan was forced to tell the judge and courtroom about her experience with Neville and Rex. Tracy is a court reporter and journalist, and she was in the courtroom and heard Rowan tell her story. Tracy was convinced Rowan's story would make a good news piece, so she followed Rowan home after court, intending to ask for an interview.
Rowan finally arrived home after her horrible day. She owns a small inner-city terrace house. The front of the house has a short path leading from the road to the front doorstep. The back of the house has a fenced backyard area for her dog to play in. As soon as Rowan sat on her couch, she heard a knock on the door. Rowan opened the door to find Tracy on the doorstep. Tracy says, 'Hello, I'm a reporter from The News Affair, and I heard your story in court, and I would like to interview you'. Rowan replied, 'No, I am not interested. Please leave.' Tracy immediately left the front doorstep of the property.
Tracy wasn't satisfied, so she started snooping around the property. Next to Rowan's house is a park. One of the trees stands alongside the fence, so its branches are entirely overhanging into Rowan's backyard. Tracy decided to climb up the tree and onto a thick branch that hung far into the backyard. Tracy sat on the branch and took some photos of Rowan's house. Rowan's dog started barking at Tracy, so Rowan came outside and spotted Tracy, who quickly escaped back along the tree branch and down the tree into the park.
Rowan wishes to sue Neville and Rex for battery and false imprisonment and Tracy for trespass to land. Advise Rowan on the likelihood of success of each of these actions. When you discuss trespass to land, you must consider Tracy's actions in both the front and back of the house. Include in your advice any potential defences that may be raised by the defendants and the likelihood of success of those defences. There is no need to discuss whether there is any potential claim against the employers of Neville, Rex or Tracy.