TORT — convictions of the plaintiff in 2012 for offences under the Cruelty to Animals Act 1979 (NSW) set aside in 2016 under s 32 Mental Health (Forensic Provisions) Act 1990 (NSW) — plaintiff brings proceedings for malicious prosecution, abuse of process and defamation against parties asserted to be prosecutors, a broadcaster and Google Inc — defendants bring applications for summary dismissal of all claims
MALICIOUS PROSECUTION — whether s 32 orders amount to a termination in the plaintiff’s favour — whether rulings to this effect in Quirk v The State of New South Wales [2011] NSWSC 341; [2012] NSWCA 216 may be distinguished or are plainly wrong — whether pleadings so hopeless they should be struck out at the first opportunity
ABUSE OF PROCESS — when the cause of action accrued — whether a claim for abuse of process may be brought against a non-party — whether pleadings so hopeless they should be struck out at the first opportunity — whether generalised complaint about pleadings sufficient to warrant such an order
DEFAMATION — whether plaintiff could establish publication by any defendant within the limitation period — whether broadcaster’s fair report defence capable of summary determination — whether plaintiff’s defamation claims should be struck out on the principles of proportionality (Bleyer v Google Inc (2014) 88 NSWLR 670) — plaintiff granted leave to replead abuse of process claim but all other claims struck out and dismissed
