TORTS - malicious prosecution - whether prosecutor acted without reasonable and probable cause
› where plaintiff’s convictions quashed and new trial ordered on counts 1, 2, 5, 6 and 7 and verdict of acquittal ordered on count 9
› where nolle prosequi
subsequently filed - where prosecutor had no personal knowledge of the facts underlying the charges - whether prosecutor did not honestly form the view that there were proper cases for prosecution or whether the prosecutor formed that view on an insufficient basis.
TORTS - malicious prosecution - whether prosecutor acted maliciously - whether the sole or dominant purpose of the prosecutor was other than the proper invocation of the criminal law.
Case Details
Citation[2015] NSWSC 1017
CourtNSWSC
JurisdictionNew South Wales
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