Beckett v New South Wales [2013] HCA 17

HIGH COURT OF AUSTRALIA

FRENCH CJ, HAYNE, CRENNAN, KIEFEL, BELL AND GAGELER JJ

ROSEANNE BECKETT APPLICANT

AND

THE STATE OF NEW SOUTH WALES RESPONDENT

Beckett v New South Wales [2013] HCA 17 8 May 2013 S144/2012

ORDER

1. Special leave to appeal granted.

2. The appeal be treated as instituted and heard instanter and allowed with costs.

3. Set aside that part of order (b) of the Court of Appeal of the Supreme Court of New South Wales made on 2 May 2012 dismissing the appeal with costs and, in lieu thereof, order that:

(a) appeal allowed with costs; and

(b) the answer of Davies J to question A of the respondent's notice of motion filed on 16 May 2011 be set aside and, in lieu thereof, question A be answered "No".

4. The respondent pay the appellant's costs of the separate determination before Davies J.

On appeal from the Supreme Court of New South Wales

Representation

G O'L Reynolds SC with S M Nixon and G R Rubagotti for the applicant (instructed by Turner Freeman Lawyers)

B W Walker SC with W G Roser SC and P J Saidi for the respondent (instructed by Crown Solicitor (NSW))

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Beckett v New South Wales

Torts – Malicious prosecution – Elements – Whether proof of innocence required where proceedings terminated by entry of nolle prosequi – Whether entry of nolle prosequi terminates proceedings in favour of accused – Whether Davis v Gell (1924) 35 CLR 275 should be followed – Whether direction that no further proceedings be taken against person under s 7(2)(b) of Director of Public Prosecutions Act 1986 (NSW) equivalent to termination by entry of nolle prosequi.

Words and phrases – "favourable termination of the prosecution", "malicious prosecution", "nolle prosequi".