Horton v Padoani [2023] NSWDC 447

District Court New South Wales

Medium Neutral Citation: Horton v Padoani [2023] NSWDC 447 Hearing dates: 21, 22, 23, 24 and 25 August and 28 September Date of orders: 24 October 2023 Decision date: 24 October 2023 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) That there be judgment and verdict for the defendant against the plaintiffs. (2) That the plaintiffs pay the defendant's costs. Catchwords: TORTS – Malicious Prosecution Cases Cited: A v State of New South Wales (2007) 230 CLR 500 Sahade v Bischoff [2015] NSWCA 418 Martin v Watson [1996] AC 74 Commercial Union v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Category: Principal judgment Parties: 1st Plaintiff: Richard Horton 2nd Plaintiff: Ben Horton Defendant: Alida Padoani Representation: Counsel: 1st and 2nd Plaintiff: Mr J Sheller SC Defendant: Mr A Rogers

Solicitors: 1st and 2nd Plaintiff: Fraser Clancy Lawyers Defendant: LegalOne File Number(s): 2021/90331 Publication restriction: None

JUDGMENT

Introduction 1. The parties to these proceedings were at the relevant time neighbours, living in houses adjacent to each other in Double Bay. While they might have been living in close proximity to each other, there is no suggestion that their relationship could be described as in any way as "neighbourly." The relationship over the years was one involving regular arguments, sometimes involving the intervention of Police, and the obtaining of Apprehended Violence Orders. 2. The proceedings concern a series of events which resulted in the Police charging the plaintiffs with common assault. The Fact Sheet prepared for the purposes of the prosecution, summarises the situation well: "the two accused and the victim have been neighbours over the past 20 years and there has been extensive history of neighbourhood disputes between both parties families in this time period. Police have attended both locations on many occasions regarding these issues, and the parties have been in and out of court numerous times over the course of their dispute"