Emanuele, Guiseppe v Hedley, Anthony Robert & Ors [1998] FCA 709

FEDERAL COURT OF AUSTRALIA

TORT - Intentional infliction of harm - Negligence - Misfeasance in public office - Abuse of process - Malicious prosecution - Appeal against order entering summary judgment in favour of defendants in respect of each cause of action - First three causes of action arose out of statements made to appellant that induced him to offer a bribe to a Commonwealth officer and consequently suffer damage because of prosecution and disqualification of a commercial tender - Whether respondents liable for damage arising out of appellant's voluntary criminal act - In relation to abuse of process, significance of fact that criminal prosecutor is not now a respondent - In relation to malicious prosecution, significance of fact that respondents' report to police was not false - No absence of reasonable and probable cause - Appeal dismissed. Rules of the Australian Capital Territory Supreme Court, Order 17, rule 1 GUISEPPE EMANUELE v ANTHONY ROBERT HEDLEY, RONALD ALWIN GREY, BRIAN BATES, PETER JOHN LAMB, ARTHUR BROWN, ALLAN JOHN DAU, PETER EDWARD PHILLIPS, IAN DOUGLAS TEMBY, MARK SAMUEL WEINBERG, MICHAEL ROZENES and THE COMMONWEALTH OF AUSTRALIA. AG23 of 1997 and AG24 of 1997 JUDGES: WILCOX, MILES and R D NICHOLSON JJ DATE: 19 JUNE 1998 PLACE: SYDNEY (HEARD IN CANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG 23 of 1997

AG 24 of 1997

BETWEEN: GUISEPPE EMANUELE

Appellant

AND: ANTHONY ROBERT HEDLEY, RONALD ALWIN GREY, BRIAN BATES, PETER JOHN LAMB, ARTHUR BROWN, ALLAN JOHN DAU, PETER EDWARD PHILLIPS, IAN DOUGLAS TEMBY, MARK SAMUEL WEINBERG, MICHAEL ROZENES

and the commonwealth of australia

Respondents

JUDGES: WILCOX, MILES and RD NICHOLSON JJ