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Case information
Lower Court Judgment
2/05/2012 Supreme Court of New South Wales (Court of Appeal) (Beazley JA, McColl JA, Tobias AJA)
Catchwords
Torts – Malicious Prosecution – Elements of action – Applicant convicted of multiple charges – Applicant subsequently acquitted of one charge and remaining convictions quashed and new trail ordered – Prosecution decided not to proceed with outstanding charges – Applicant brought action for malicious prosecution – Whether plaintiff must prove innocence – Whether nolle prosequi filed with court or whether alternative characterisation appropriate – Whether Davis v Gell (1924) 35 CLR 275 should be overruled.
Documents
30/05/2012 Application for special leave to appeal
05/10/2012 Hearing (SLA, Sydney)
26/10/2012 Written submissions (Applicant)
26/10/2012 Chronology (Applicant)
19/11/2012 Amended written submissions (Respondent)
30/11/2012 Reply
05/02/2013 Hearing (Full Court, Canberra)
08/05/2013 Judgment (Judgment summary)