Young v State of New South Wales and Ors; Young v Young (No 2) [2013] NSWSC 330

Supreme Court New South Wales

Medium Neutral Citation: Young v State of New South Wales and Ors; Young v Young (No 2) [2013] NSWSC 330 Hearing dates: 2 April 2013 Decision date: 11 April 2013 Before: Adamson J Decision: (1) Direct the plaintiff to bring in short minutes of order to reflect these reasons and to adduce such evidence as is relied upon as to the quantum of the costs discrepancy. Catchwords: TORTS-malicious procurement of a search warrant-action established where the defendant's lies were actively instrumental in the issue of the search warrant TORTS-malicious procurement of arrest- not made out when insufficient evidence to establish defendant actively instrumental TORTS-malicious prosecution-party whose actions cause prosecution may be a prosecutor-falsity of accusations and collateral purpose demonstrate malice FAMILY LAW-property settlement - interests of justice - significant non-financial contribution DAMAGES-aggravated damages-awarded where plaintiff humiliated DAMAGES-exemplary damages-awarded separately and in addition to aggravated damages where conduct warrants condemnation Legislation Cited: - Civil Procedure Act 2005, s 58, 64(1)(a) - Crimes Act 1900, s 178BA, 300 - Family Law Act 1975 (Cth), s 74, 75, 79 - Uniform Civil Procedure Rules r. 7.29, 28.2 Cases Cited: - A v State of New South Wales [2007] HCA 10; 230 CLR 500 - Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 - Gibbs v Rea [1998] AC 786 - New South Wales v Ibbett [2006] HCA 57; 229 CLR 638 - In the Marriage of Kowalski (1992) 16 Fam LR 235 - Stanford v Stanford [2012] HCA 52; 87 ALJR 74 - State of New South Wales v Zreika [2012] NSWCA 37 - Young v Young [2012] NSWSC 1230 Texts Cited: Carolyn Sapideen, Prue Vines (eds.), Fleming's The Law of Torts, 10th ed. (2011) Category: Principal judgment Parties: Common Law Proceedings (2007/265069) Joanne Elizabeth Young (Plaintiff) State of New South Wales (First Defendant) Leslie James Young (Second Defendant) Jetobee Pty Ltd (Third Defendant) Family Law Proceedings (2008/286909) Joanne Elizabeth Young (Plaintiff) Leslie James Young (Defendant) Representation: Counsel: D Campbell SC, J Sheller and WR Potter (Plaintiff) No appearance for the Defendant Solicitors: Greg Walsh & Co (Plaintiff) Legal Wisdom (Defendant) File Number(s): 2007/265069; 2008/286909