LANDINI v STATE OF NEW SOUTH WALES & ORS [2009] NSWSC 431

New South Wales Supreme Court

CITATION : LANDINI v STATE OF NEW SOUTH WALES & ORS [2009] NSWSC 431

HEARING DATE(S) : Application conducted on written submissions

JUDGMENT DATE : 22 May 2009

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

In respect of the first cause of action (malicious prosecution proceedings in respect of the 1980 charge), I make the following orders:- (1) Verdict in favour of the plaintiff against the first defendant in the amount of $230,000 made up as follows:- (a) Consequential economic loss (legal expenses) $5,000 (b) Injury to person and restriction on liberty $35,000 (c) Aggravated damages $30,000 (d) Exemplary damages $160,000 Total $230,000 (2) Order that the first defendant pay interest on the amount of $5,000 at the rates prescribed in Schedule 5 of the UCPR from 2 November 2001 to 20 May 2009 calculated at the rates prescribed for that period totalling $3,524.25. (3) Order that the first defendant pay interest on the amount of $35,000 at the rate of four percent per annum from 2 November 2001 to 20 May 2009 totalling $10,574.79. (4) Order that the first defendant pay interest on the amount of $30,000 at the rate of four percent per annum from 2 November 2001 to 20 May 2009 totalling $9,064.11. DECISION : (5) Judgment in favour of the plaintiff in the amount of $253,163.15, being the amount of the verdict of $230,000 together with interest calculated in accordance with paragraphs (2), (3) and (4) above. (6) The first defendant to pay the plaintiff's costs of and in relation to the malicious prosecution proceedings in respect of the 1980 charge. In respect of the second cause of action (the malicious prosecution proceedings in respect of the 1982 charges), the Court makes the following orders:- (1) Verdicts and judgments in favour of the first, second, fourth and fifth defendants. (2) The plaintiff is to pay the first defendant's costs of the said proceedings on the ordinary basis. (3) The plaintiff is to pay the second defendant's costs on the following bases:- (a) on the ordinary basis up to 21 March 2006, and (b) on an indemnity basis from 22 March 2006. (4) The plaintiff is to pay the fourth defendant's costs of the said proceedings on the following bases:- (a) on the ordinary basis from 12 December 2005 to 22 March 2006, and (b) on an indemnity basis from 23 March 2006. (5) The plaintiff to pay the fifth defendant's costs and expenses on the ordinary basis.