Raad v State of New South Wales (No 2) [2017] NSWDC 94

District Court New South Wales

Medium Neutral Citation: Raad v State of New South Wales (No 2) [2017] NSWDC 94 Hearing dates: 24 April 2017 Date of orders: 02 May 2017 Decision date: 02 May 2017 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The parties should bring in Short Minutes of Order reflecting the award of 4% per annum interest on the damages amount of $20,000; (2) Order 3 of the orders made on 23 March 2017 is vacated; (3) The defendant is to pay 90% of the plaintiff's costs of the proceedings as agreed or assessed. Catchwords: Interest - pre-judgment – tort of false imprisonment – whether the court rates should be used or rates similar to those for non-economic loss

Costs – where plaintiff has not succeeded on some aspects of case including some torts alleged – whether the defendant should be ordered to pay only a proportion of the plaintiff's costs of the proceedings Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules Cases Cited: Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2008] NSWCA 85 McLaughlin v Dungowan Manly Pty Ltd [2010] NSWSC 306 Metropolitan Meat Industry Board v Williams (1991) 24 NSWLR 54 Moran v State of New South Wales [2017] NSWDC 19 MPB (SA) Pty Ltd v Gogic (1991) 171 CLR 657 Shield Mercantile v Citigroup [2013] NSWSC 287 State of New South Wales v Abed [2014] NSWCA 419 Category: Costs Parties: Johnny Raad (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: A Canceri (Plaintiff) M Hutchings (Defendant)