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Hamilton v NSW (No 13) [2016] NSWSC 1311 — Malicious Prosecution — Barrister AI

Hamilton v NSW (No 13)

[2016] NSWSC 1311

Supreme Court of NSW

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Interrogate

Catchwords

1. Torts
2. › malicious prosecution
3. › false imprisonment
4. › battery
5. › misfeasance in public office
6. › whether arrest unlawful
7. › where prosecutor at time unaware of nature of alleged offending moments earlier
8. › where all charges against applicant withdrawn and dismissed
1. Torts
2. › Malicious prosecution
3. › Whether prosecutor acted maliciously
4. › Whether the sole or dominant purpose of the prosecutor was other than the proper invocation of the criminal law
5. › whether prosecutor had reasonable or probable cause

Case Details

Citation[2016] NSWSC 1311

CourtNSWSC

JurisdictionNew South Wales

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The full text is available to signed-in members, including the 13 later cases that cite this judgment.

3 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.

Cited by13

2026Atileo and Anor v Public TrusteeTASFC 6
2025Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South WalesNSWDC 28
2024State of New South Wales v MaddenNSWCA 40
2023Public Trustee as Administrator of the Estate of Matthew Leonard v AtileoTASSC 33
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Relies on25

2016Croucher v CachiaNSWCA 132
2015State of New South Wales v McMaster; State of New South Wales v Karakizos; State of New South Wales v McMasterNSWCA 228
2015White v JohnstonNSWCA 18
2014State of New South Wales v AbedNSWCA 419
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