Nyoni v Shire of Kellerberrin (No 10)

The case of Nyoni v Shire of Kellerberrin (No 10) involves the assessment of damages awarded to Mr Nyoni, who was found to be a victim of misfeasance in public office by the Shire of Kellerberrin and Mr Friend. The Full Court had previously held the Shire and Mr Friend liable for their conduct, which was found to be a misuse of public power with targeted malice. The Full Court remitted the matter back to the primary judge for the assessment of damages, including aggravated and exemplary damages. The matter was subsequently allocated to the author of this decision due to the retirement of the primary judge. The primary issue before the court was to determine the appropriate amount of damages to be awarded to Mr Nyoni for the harm suffered as a result of the misfeasance in public office.

The court considered the Full Court's findings and the evidence presented during the trial before the primary judge. It was established that the conduct of the Shire and Mr Friend was specifically designed to cause reputational harm to Mr Nyoni. The court awarded general damages for reputational damage, aggravated damages for the targeted malice in the conduct, and exemplary damages in reference to the Full Court's finding of "targeted malice." The court determined that the total damages payable should be $30,000, comprising $15,000 in general damages, $5,000 in aggravated damages, and $10,000 in exemplary damages. The court also stayed the operation of the order pending further orders of the Court and set a timeline for the parties to file further affidavit material and submissions concerning the question of costs.

In conclusion, the court awarded Mr Nyoni $30,000 in damages for the misfeasance in public office committed by the Shire of Kellerberrin and Mr Friend. The court considered the evidence and findings of the Full Court and the trial before the primary judge in making its decision. The court also set a timeline for the parties to address the question of costs. The operation of the order awarding damages is stayed pending further orders of the Court.