Rock v Henderson; Rock v Henderson (No 2)

(2025) 117 NSWLR 1; [2025] NSWCA 47

NSW Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Malicious prosecution
3. › Availability of tort in civil proceedings
4. › Apprehended domestic violence orders
5. › Whether tort extends to procuring of ADVO under Crimes (Domestic and Personal Violence) Act 2007 (NSW)
6. › Principle of finality
7. › Coherence with statutory regime
8. › Crimes (Domestic and Personal Violence) Act 2007 (NSW)
1. Torts
2. › Trespass to land
3. › Nominal damages
4. › Whether court may dismiss claim where trespass found but no actual damage established
5. › Implied licence to enter land
1. Courts and Judges
2. › Delay in providing reasons for judgment
3. › Written reasons delivered three months after final orders
4. › Whether delay amounts to error requiring retrial
5. › Common law duty to give reasons
6. › Palmer v Clarke (1989) 19 NSWLR 158
7. › UCPR r 36.2
1. Appeal
2. › Leave to appeal
3. › District Court Act 1973 (NSW), s 127(2)(c)
4. › Amount in issue less than $100,000
5. › Whether issue of principle, question of public importance or reasonably clear injustice
6. › Battery claims
7. › Assessment of damages on contingent basis

Quick Take

The tort of malicious prosecution does not extend to proceedings for apprehended violence orders under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), and a court's delay in providing written reasons after delivering judgment does not automatically warrant a retrial provided the parties are given an opportunity to amend their grounds of appeal.