On 19 April 2020, our client was arrested in dramatic scenes after he allegedly failed to comply with COVID-19 restrictions in place at Bondi Beach and then resisted the arrest by two police officers. He was charged with the following offences:

• Resist police officer in execution of duty, contrary to section 58 of the Crimes Act 1900; and
• Fail to comply with terms of notice erected by council, contrary to section 632(1) of the Local Government Act 1993.

Hanna Legal entered pleas of not guilty on behalf of Mr Moskovich and the matter was set down for a defended hearing in March 2021.

Our criminal lawyers engaged in negotiations with the prosecution, which led to the withdrawal of both charges and an agreement for the police to pay his legal costs of $25,000.  For more information, see:‘Mr Bondi’ has charges dropped, police to pay $25k in legal fees, 9News, 26 March 2021.

Hanna Legal then commenced civil proceedings against the State of NSW, seeking compensation for wrongful arrest and malicious prosecution. 

The State of NSW initially defended the case, arguing that the police officers’ actions had been lawful.  However, after extensive negotiations, the State agreed to settle the case and pay $90,000 in damages and legal fees to Mr Moskovich. 

In an article published about the win, our principal, Nick Hanna, was quoted as saying the following:

“Mr Moskovich could not have broken any law about contravening a council sign because there was no sign. … This means that the arrest of Mr Moskovich was unlawful and so he could not be guilty of resisting arrest.”

For the full article, see: Mr Bondi wins $90,000 after suing police over a dramatic arrest during Sydney lockdown, Daily Mail, 5 June 2022.

Photograph obtained from www.9news.com.au