High Court of Australia
5 _— BA Ea Rete!
IN THE HIGH COURT OF AUSHALIA
_CUSTOM CREDIT CORPORATION LD
REASONS FOR JUDGMENT E
Judgment delivered at—SYDNEY __ _< on WEDNESDAY, 25th MARCH 1964,
W. M. Houston, Gov Print, Melb.
ATKINSON
ve
CUSTOM CREDIT CORPORATION LIMITED
ORDER
Appeal dismissed with costs.
A ON,
ve
¢ NN ITED
ATKINSON. ve
UST: r N_L: D.
This is an appeal from an order of the Full Court of the Supreme Court of New South Wales setting aside a verdict of a jury recovered by the plaintiff in an action for malicious prosecution. In the Full Court, two judges, Brereton and Wallace, JJ., were of opinion that in lieu of the verdict for the plaintiff a verdict for the defendant should be entered. The third member of the Full Court, Walsh J., was of opinion that a new trial should be ordered limited to certain of the counts of the declaration. The amount of damages awarded by the jury was very large, viz. £25,000. The pleadings consisted of a declaration containing fourteen counts and one plea, the general issue. Three questions were left to the jury:
(1) Did the defendant, through its employees, actively set in motion the proceedings against the plaintiff? The jury's answer was Yes. (2) Did the defendant at the relevant times believe in the charges that were preferred? Answer, No.
(3) Was the defendant, through its servants or agents, actuated by malice in bringing this prosecution? Answer, Yes. It seems that these questions were put and the answers given as to each count in the declaration separately and it is probable that the jury so understood the proceeding. One count, the ninth, was dropped by the plaintiff or perhaps was considered to be without support in the evidence. At all events it can be disregarded.
After the jury had answered the questions the question of damages was taken up. Counsel addressed the jury and the judge summed up on the question of damages. A single award of damages was made on the whole declaration, that is, of course, apart from count (9). I would have thought this meant one verdict on the whole declaration but in speaking of the jury's
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate