State of New South Wales v Landini

The Court of Appeal of New South Wales considered an appeal by the State of New South Wales against a judgment awarded to the respondent, Mr Landini, concerning a claim for malicious prosecution. The dispute centred on whether police officers had maintained a prosecution against Mr Landini and taken active steps to support it, and whether the State was vicariously liable for these actions.

The primary legal issues before the Court were whether the police officers had indeed maintained the prosecution of the respondent, and if so, whether the State of New South Wales was vicariously liable for their conduct under the Law Reform (Vicarious Liability) Act 1983. This latter issue involved determining whether the torts found by the primary judge arose out of a wrongful act or omission that occurred prior to the appointed date under section 2(2) of that Act. The Court also considered the appropriateness of an award of exemplary damages.

The Court allowed the appeal in part and granted the respondent leave to file a notice of cross-appeal, which was also allowed. The orders made by the primary judge in respect of the 1980 Charge were set aside. In their place, the Court entered judgment for the respondent against the appellant in the sum of $60,000, comprising $10,000 for aggravated damages and $50,000 for exemplary damages. The appellant was ordered to pay interest on the aggravated damages and 50 per cent of the costs of the appeal and cross-appeal.