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

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

Plaintiff is entitled to costs for the 1980 charge as the successful party, including costs of amendments, as no exceptional circumstances or separable dominant issues warrant segmentation. No set-off is available as sums are not sufficiently connected nor presently due. Interest at four percent is appropriate for non-economic damages. Indemnity costs are ordered for second and fourth defendants from dates of valid Calderbank offers on the 1982 charge.

Jurisdiction
Australia
Judgment Date
22 May 2009
Procedural Posture
Civil / Post Judgment (costs and Interest Orders)
Outcome
Judgment for plaintiff against first defendant in 1980 charge; Judgment for first, second, fourth, and fifth defendants in 1982 charges. Costs awarded as specified.
Legal Topics
['malicious Prosecution' 'costs' 'interest' 'set Off' 'indemnity Costs']
['tort Law' 'civil Procedure'] ['malicious Prosecution' 'costs' 'interest' 'set Off' 'indemnity Costs']

Case Brief

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Procedural Posture

Civil / Post Judgment (costs and Interest Orders)

Legal Issues

  1. 1 ['Entitlement to costs after verdict on malicious prosecution' 'Appropriate interest rate on damages' 'Whether costs orders should be set-off against damages' 'Whether indemnity costs orders should be made' 'Segmentation of costs for partly successful claims']

Ratio Decidendi

Plaintiff is entitled to costs for the 1980 charge as the successful party, including costs of amendments, as no exceptional circumstances or separable dominant issues warrant segmentation. No set-off is available as sums are not sufficiently connected nor presently due. Interest at four percent is appropriate for non-economic damages. Indemnity costs are ordered for second and fourth defendants from dates of valid Calderbank offers on the 1982 charge.

Court Disposition

Judgment for plaintiff against first defendant in 1980 charge; Judgment for first, second, fourth, and fifth defendants in 1982 charges. Costs awarded as specified.

Orders

  • ['Verdict and judgment in favour of plaintiff against first defendant for $230,000 (malicious prosecution: 1980 charge)' 'Interest on $5,000 at Schedule 5 UCPR rates from 2 November 2001 to 20 May 2009 totalling $3,524.25' 'Interest on $35,000 at 4% per annum from 2 November 2001 to 20 May 2009 totalling $10,574.79'...