High Court of Australia
CULLEN
Ve
AMPOL PETROLEUM LIMITED
Heard: 30th, 3lst October, 1st November, 1972. Ate Sydney.
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Flew Judgment of the Court
ORDER: CO ppead Cham uaack al cong ,
Delivered: \s "DECEMBER Qa Att SMUDNEM
JUDGMENT
CULLEN
Vo
AMPOL PETROLEUM LIMITED
BARWICK Cod.
MENZIES J. WALSH J. G. S de STHPHEN J.
AMPOL PETROLEUM LIMITED
This is an appeal from the Court of Appeal Division of the Supreme Court of New South Wales allowing an appeal by Ampol Petroleum Limited, the defendant, against the judgment . for $105,113 damages for malicious prosecution entered upon a verdict returned by a jury in favour of Victor Leslie Cullen, the plaintiff, The plaintiff, now appellant, who had been , employed by the defendant up to 14th December, 1965, was subsequently charged with the embezzlement of £435 which he had received in cash from a customer of the defendant, one Bottalico, the proprietor of an Ampol Service Station, on or about the 30th November, 1965. A magistrate, after a preliminary enquiry, committed him for trial at Quarter Sessions but the Attorney- General did not file a bill. Consequently, he was not indicted.
In the trial of the action the facts found to have been known to that officer of the respondent, whom the plaintiff in this appeal treats as the prosecutor for whose actions the defendant is responsible, were as follows. The plaintiff had received the sum of £435 in cash from the defendant's customer,
Bottalico. That sum ought, in the due course of the financial
procedures of the defendant, to have been paid to the cashier
and a receipt given or sent to the customer, Bottalico had said that he was not given a receipt for the cash paid by him to the appellant. If the cash had been paid to the cashier
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