LANDINI v STATE OF NEW SOUTH WALES & ORS [2008] NSWSC 1280

New South Wales Supreme Court

CITATION : LANDINI v STATE OF NEW SOUTH WALES & ORS [2008] NSWSC 1280

HEARING DATE(S) : 29, 30, 31 March 2006, 4, 5, 6, 7, 10, 11, 12, 19, April 2006, 2 June 2006, 29 August 2006, 18, 21, 26, 27 September 2006, 4, 5, 9, 10, 11, 12, 13, 16, 17, 18, 19, 20, 24, 25, 26, 27, 31 October 2006, 2 February 2007, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30 March 2007, 15, 18 May 2007, 13, 24 July 2007, 11, 12, 13 December 2007

JUDGMENT DATE : 17 December 2008

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

(1) THE 1980 CHARGE There is to be judgment for the plaintiff in relation to the cause of action in malicious prosecution based upon the 1980 charge to include the following:- (a) Consequential economic loss (legal expenses) - $5,000.00 (b) Injury to person and restriction of liberty - $35,000.00 (c) Aggravated damages - $30,000.00 DECISION : (d) Exemplary damages - $160,000.00 Total - $230,000.00 The plaintiff and first defendant to bring in short minutes of order to give effect to the judgment. In relation to the question of interest and costs, in the event that the parties are unable to reach agreement, written submissions are to be lodged with my associate by 4.00 pm on 6 February 2009. (2) THE 1982 CHARGES On the basis of the findings set out above, there is to be judgment in favour of the first, second, third, fourth and fifth defendants in relation to the cause of action in malicious prosecution based upon the 1982 charges. In relation to the question of costs, any written submissions to be lodged with my associate by 4.00 pm on 6 February 2009.