State of New South Wales v Cuthbertson [2018] NSWCA 320

State of New South Wales v Cuthbertson [2018] NSWCA 320

Costs incurred in defending criminal proceedings arising from wrongful arrest are not a natural and probable consequence of the tortious act and are not recoverable as damages under Australian law, given statutory regime and absence of tortious conduct in laying prosecution; combined award for aggravated and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 December 2018
Procedural Posture
Civil Appeal / Court of Appeal (decision on Leave and Substantive Appeal)
Outcome
Appeal allowed in part, leave granted; trial judgment set aside in relevant respects.
Legal Topics
['false Imprisonment' 'wrongful Arrest' 'aggravated Damages' 'exemplary Damages' 'recovery of Costs' 'causation']
['torts' 'damages' 'criminal Procedure'] ['false Imprisonment' 'wrongful Arrest' 'aggravated Damages' 'exemplary Damages' 'recovery of Costs' 'causation']

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Procedural Posture

Civil Appeal / Court of Appeal (decision on Leave and Substantive Appeal)

Legal Issues

  1. 1 ['Whether costs of defending criminal proceedings can be recovered as damages in subsequent civil proceedings for wrongful arrest' 'Whether combined award for aggravated and exemplary damages was correct and/or requires reduction due to provocative conduct by respondent']

Ratio Decidendi

Costs incurred in defending criminal proceedings arising from wrongful arrest are not a natural and probable consequence of the tortious act and are not recoverable as damages under Australian law, given statutory regime and absence of tortious conduct in laying prosecution; combined award for aggravated and exemplary damages is permissible, but exemplary damages require a conscious and contumelious disregard for plaintiff's rights, which was not established; award of aggravated damages stands, exemplary damages set aside; damages and interest reduced accordingly.

Court Disposition

Appeal allowed in part, leave granted; trial judgment set aside in relevant respects.

Orders

  • ['Leave to appeal granted' 'Appeal allowed and judgment in District Court on 15 December 2017 set aside' 'Judgment entered for plaintiff in District Court in sum of $31,000, effective from 15 December 2017' 'State of New South Wales to pay costs of leave and appeal']