Marino (a pseudonym) v Bello (a pseudonym)

[2022] NSWCA 73

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Interlocutory decision
4. › Question of principle
5. › Whether person who instigated but did not formally commence legal proceedings liable for tort of abuse of process
1. Tort
2. › Abuse of process
3. › Collateral abuse of process
4. › Elements of the tort
5. › Whether liability confined to person who formally commenced proceedings
6. › Whether instigator of proceedings may be liable
7. › Principles of agency
1. Practice and Procedure
2. › Summary dismissal
3. › Whether summary processes should be used where development of the law may be involved
4. › Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28
1. Practice and Procedure
2. › Pleadings
3. › Leave to amend
4. › Self-represented litigant
5. › Whether leave to replead should have been granted
6. › Civil Procedure Act 2005 (NSW), ss 56-59, 64(3)

Quick Take

The question whether an instigator (as opposed to the nominal party) can be liable for the tort of abuse of process remains open and arguable, particularly where agency principles may apply.