Discontinuance of criminal proceedings is sufficient termination in the plaintiff's favour to found a cause of action for malicious prosecution; acquittal is not required. An action for malicious prosecution against a police officer under the Police Regulation Act 1898 (Tas), s52(1), requires proof of the personal lack of good faith of the proposed defendant and cannot be brought against the Commissioner of Police on the basis of vicarious liability alone. In security for costs applications on appeal, the court will weigh the appellant's impecuniosity, failure to pay existing costs orders, prospects of success, the manner of conducting proceedings, and the status of the respondents.
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