NSW Caselaw
New South Wales Court of Appeal
CITATION: Lye v State of New South Wales [2005] NSWCA 282
HEARING DATE(S): 16 August 2005
JUDGMENT DATE: 26 August 2005
JUDGMENT OF: Giles JA at 1; Tobias JA at 62; Bryson JA at 63
DECISION: (1) So far as leave to appeal and an extension of the time for appeal be necessary, grant leave to appeal nunc pro tunc and extend the time for filing a notice of appeal up to and including 22 November 2004; (2) Appeal dismissed; (3) Appellant pay the respondent's costs of the appeal including the costs of the notices of motion filed on 22 March 2005 and 8 August 2005.
CATCHWORDS: Action for malicious prosecution - prosecution found to be without reasonable and probable cause - whether for improper purpose - plaintiff asserted actual purpose of putting pressure on her to cooperate in investigation of other matters - alternatively that should be concluded that was for an improper purpose of some kind - judge not satisfied as to either - whether judge in error - held error not shown. D
AW v State of New South Wales [2005] NSWCA 543; Brown v Hawkes (1891) 2 QB 718; CASES CITED: Fox v Percy [2003] 214 CLR 118; Trobridgev Hardy (1955) 94 CLR 147;
Gail Lye - Appellant PARTIES: State of New South Wales - Respondent
FILE NUMBER(S): CA 40697/04
J Priestley - Appellant COUNSEL: G Giagios - Respondent
James Fuggle, Lismore - Appellant SOLICITORS: I V Knight - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 53/03 (Lismore)
LOWER COURT JUDICIAL OFFICER: Blanch CJDC
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40697/04 DC 53/03 (Lismore)
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