Marino v Bello (No 3)

[2022] NSWCA 181

NSW Court of Appeal

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Interrogate

Catchwords

1. Tort
2. › Abuse of process
3. › Collateral abuse of process
4. › Whether tort available against instigator who is not party to proceedings
5. › Whether claim sufficiently arguable to survive summary dismissal
1. Tort
2. › Malicious prosecution
3. › Liability of instigator
4. › Whether person 'actively instrumental' in having proceedings commenced may be liable though not nominal prosecutor
5. › Whether claim inchoate where proceedings not yet terminated in plaintiff's favour
1. Practice and Procedure
2. › Summary dismissal
3. › Whether claims sufficiently arguable to be determined at hearing
4. › Approach to unrepresented litigants' pleadings
1. Practice and Procedure
2. › Amendment of pleadings
3. › Cause of action arising after commencement of proceedings
4. › Civil Procedure Act 2005 (NSW), s 64(3)

Quick Take

An instigator of proceedings (as distinct from the nominal party) may be liable for collateral abuse of process and is now treated as sufficiently arguable to survive summary dismissal in NSW, notwithstanding prior authority suggesting the tort is limited to the party who actually brings proceedings.