The expression 'prima facie ground' in s 5 of the Felons (Civil Proceedings) Act 1981 (NSW) requires the court to form a broad impression as to whether a claim enjoys a realistic prospect of success; different verbal formulations of this standard do not indicate different tests. The principle of finality from D'Orta-Ekenaike bars civil claims against legal representatives, legal aid bodies, and prosecutors where the claim requires demonstrating that impugned conduct adversely affected the outcome of criminal proceedings that have not been set aside. A prosecutor's duty to disclose material does not give the accused a corresponding private right to sue in damages for breach of that duty.
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