Hrdavec v State of New South Wales [2022] NSWCA 52

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hrdavec v State of New South Wales [2022] NSWCA 52 Hearing dates: 14-15 February 2022 Date of orders: 7 April 2022 Decision date: 07 April 2022 Before: Bell P; Basten JA; White JA Decision: (1) To the extent necessary, grant the appellant leave to appeal from the judgment of Walton J given on 18 May 2021 and the orders entered on 16 June 2021. (2) Dismiss the appeal. (3) Order that the appellant pay the respondent's costs in this Court. Catchwords: TORTS – trespass to the person – false imprisonment – wrongful arrest – reasonable grounds to suspect –genuine belief of arresting officer – appellant named and described by victim – statement by co-accused placed appellant at scene – Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 99 TORTS – malicious prosecution – laying of charge – reasonable and probable cause – detective mis-represented contents of statements in interview with appellant – whether malice established – whether belief in guilt of person charged TORTS – malicious prosecution – allegation against appellant withdrawn by victim – whether mis-representations made by detective to appellant's barrister – maintaining of charge in changed circumstances – whether malice established – whether lack of reasonable and probable cause Legislation Cited: Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 99 105, 114 Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), r 51.22 Cases Cited: A v State of New South Wales (2007) 230 CLR 500; [2007] HCA 10 Fox v Percy 2003) 214 CLR 118; [2003] HCA 22 George v Rockett (1990) 170 CLR 104; [1990] HCA 26 State of New South Wales v Robinson (2019) 266 CLR 619; [2019] HCA 46. Category: Principal judgment Parties: Valentino Hrdavec (Appellant) State of New South Wales (Respondent) Representation: Counsel: Mr T Molomby SC / Mr R Rasmussen (Appellant) Mr L V Gyles SC / Mr D Hume (Respondent)