Kable v State of NSW [2010] NSWSC 811

Reported Decision : 203 A Crim R 66

New South Wales Supreme Court

CITATION : Kable v State of NSW [2010] NSWSC 811

HEARING DATE(S) : 09.11.2009; 10.11.09

JUDGMENT DATE : 30 July 2010

JUDGMENT OF : Hoeben J

Judgment for the defendant. DECISION : Plaintiff is to pay the defendant's costs of these proceedings. Leave granted to the parties to approach the Court within 14 days should they wish to make submissions as to costs.

CATCHWORDS : TORTS - malicious prosecution - proceedings against plaintiff under Community Protection Act 1994 - whether such proceedings a basis for claim for malicious prosecution - who was prosecutor in those proceedings - whether Executive Government of NSW could be characterised as prosecutor - whether evidence of malice - whether evidence of "institutional malice" on part of Executive Government of NSW - whether proceedings under Community Protection Act 1994 brought without reasonable and probable cause - COLLATERIAL ABUSE OF PROCESS - whether Executive Government of NSW a party to proceedings under Community Protection Act 1994 - whether evidence of improper purpose in the bringing of those proceedings - FALSE IMPRISONMENT - who is liable for the tort - whether orders of superior court a nullity if Act under which orders made declared invalid by High Court.

Community Protection Act 1994 Courts Legislation Amendment (Civil Juries) Act 2001 Crimes Act 1914 (Commonwealth) LEGISLATION CITED : Criminal Assets Recovery Act 1990 Director of Public Prosecutions Act 1986 Mental Health Act 1990 Uniform Civil Procedure Rules 2005

CATEGORY : Principal judgment