State of New South Wales v Landini [2010] NSWCA 157

New South Wales Court of Appeal

CITATION: State of New South Wales v Landini [2010] NSWCA 157

HEARING DATE(S): 23 April 2010

JUDGMENT DATE: 9 July 2010

JUDGMENT OF: Tobias JA at 1; Macfarlan JA at 2; Sackville AJA at 119

(1) Appeal allowed in part; (2) Leave granted to the respondent to file a Notice of Cross Appeal in the form provided to the Court on the hearing of the appeal; (3) Cross appeal allowed; DECISION: (4) Set aside orders (1) – (5) made by Hall J on 22 May 2009 in respect of the 1980 Charge; (5) In lieu of the orders set aside, enter judgment for the respondent against the appellant in the sum of $60,000, comprised of $10,000 aggravated damages and $50,000 exemplary damages; (6) Order that the appellant pay interest on the amount of $10,000 in respect of aggravated damages from 2 November 2001 until the date of this judgment at the rates prescribed in Schedule 5 of the Uniform Civil Procedure Rules; (7) Order that the appellant pay 50 per cent of the respondent's costs of the appeal and cross appeal; and (8) The respondent to have a certificate under the Suitors' Fund Act 1951, if qualified.

CATCHWORDS: TORTS - malicious prosecution - whether police officers maintained the prosecution of the respondent - whether the officers took active steps to support the prosecution - TORTS - malicious prosecution - whether State of New South Wales vicariously liable by reason of the Law Reform (Vicarious Liability) Act 1983 - whether the torts found by the primary judge were ones "arising out of a wrongful act or omission" occurring prior to the date appointed and notified under s 2(2) of that Act - TORTS - malicious prosecution - award of exemplary damages