NSW v Williams

[2014] NSWCA 177

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Striking out pleadings
3. › Abuse of process
4. › Whether assertion of defence in civil proceedings constituted abuse of process where related criminal proceedings had been resolved
5. › Whether earlier criminal appeal on question of law alone precluded relitigation of factual issue in civil proceedings
6. › Uniform Civil Procedure Rules 2005 (NSW), r 14.28(1)(c)
1. Practice and Procedure
2. › Abuse of process
3. › Extended res judicata doctrine
4. › Collateral attack on earlier judgment
5. › Whether collateral attack on earlier decision necessarily constitutes abuse of process
6. › Whether identity of parties and identity of issues required
1. Practice and Procedure
2. › Striking out pleadings
3. › No reasonable defence
4. › Whether defence disclosing lawful arrest was manifestly groundless
5. › Standard for striking out
6. › Uniform Civil Procedure Rules 2005 (NSW), r 14.28(1)(a)
1. Criminal Law
2. › Appeal
3. › Appeal on question of law alone
4. › Whether findings in appeal limited to questions of law preclude relitigation of factual issues in subsequent civil proceedings
5. › Crimes (Appeal and Review) Act 2001 (NSW), ss 52, 53

Quick Take

Where criminal proceedings are resolved on appeal on a question of law alone (under s 52 of the Crimes (Appeal and Review) Act 2001 (NSW)), the factual issues underlying those proceedings are not determined and may be litigated in subsequent civil proceedings without constituting an abuse of process. The DPP's conduct of a criminal appeal does not bind the State in subsequent civil proceedings, and the DPP's agreement not to seek remitter does not constitute a concession of facts.