Catchwords:

TORT – where appellant medically evacuated to Australia from offshore immigration detention in Papua New Guinea – where appellant requested removal to Papua New Guinea under s 198(1) of Migration Act 1958 (Cth) – where appellant remained in detention until removal to United States of America over 500 days after request made – where appellant pleaded respondents owed him a duty of care to limit the duration of his detention to that required for the purpose of removal – where appellant pleaded respondents breached that duty by failing to establish system for administering requests for return to regional processing country – whether primary judge erred in concluding respondents did not owe pleaded duty – whether primary judge erred in finding respondents had a system to administer requests for return to regional processing countries – whether primary judge erred in finding that border restrictions in response to Covid-19 pandemic broke chain of causation – whether primary judge erred in assessment of quantum of damages