LANDINI v. STATE OF NSW & ORS [2006] NSWSC 1054

New South Wales Supreme Court

CITATION : LANDINI v. STATE OF NSW & ORS [2006] NSWSC 1054

HEARING DATE(S) : 2 June 2006, 29 August 2006, 18, 26, 27 September 2006, 4, 5 October 2006

JUDGMENT DATE : 9 October 2006

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : The plaintiff is granted leave to amend the fourth further amended statement of claim. Such amendments are to be in accordance with and to reflect the basis for the grant of leave as set out in this judgment. The plaintiff is to serve a copy of the fifth further amended statement of claim upon the legal representatives of the defendants by 9.00 am Tuesday 10 October 2006. Costs of the application for leave to amend are reserved.

CATCHWORDS : Malicious prosecution - practice and procedure re application to amend pleadings - conditional leave to amend granted to rely upon allegations of fabrication of evidence and the giving of false evidence at committal and trial - vicarious liability of the Crown - allegations of unlawful agreement relevant to elements of reasonable and proper cause and malice.

Evidence Act 1995 LEGISLATION CITED : Civil Procedure Act 2005 Limitation Act 1969 Law Reform (Vicarious Liability) Act 1983

Darker v Chief Constable of the West Midlands (2000) 3 WLR 747 Cabassi v Vila (1940) 64 CLR 130 Behn v Bloom (1911) 132 LTR 87 Queensland v J L Holdings Pty Limited (1996-1997) 189 CLR 146 Cropper v Smith (1884) 26 Ch.D 700 Pringle v Everingham [2006] HCA 195 Sharp v Biggs (1932) 48 CLR 81 A v State of NSW (2005) 63 NSWLR 681 CASES CITED : Trobridge v Hardy (1955) 94 CLR 147 Brown v Hawkes (1891) 2 QB 718 Commonwealth Life Assurance Society v Brain (1935) 53 CLR 343 Shum Kwok Sher v Hong Kong Special Administrative Region [2002] HKCFA 30 Regina v Bembridge (1783) 3 Doug 327 Pryor v State of NSW (CA 40614/96; BC 9805599) Knight v State of NSW [2004] NSWSC 791 State of NSW v Eade [2006] NSWSC 84 Caterbury Bankstown Rugby Leagues Club v Rogers (1993) ATR 62