Clyne v State of New South Wales [2012] NSWCA 265

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clyne v State of New South Wales [2012] NSWCA 265 Hearing dates: 3 August 2012 Decision date: 24 August 2012 Before: Campbell JA at [1]; Macfarlan JA at [2]; Meagher JA at [72] Decision: Application for leave to appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TORT - robbery at Post Office - post office employee arrested - whether wrongful arrest and false imprisonment - s 352(2) Crimes Act 1900 - whether arrest for the purpose of questioning wrongful - whether reasonable cause for suspicion that offence committed

TORT - malicious prosecution - whether reasonable and probable cause - whether material warranted putting the processes of the criminal law in motion

COURTS - disqualification of judges for apprehended bias - efforts of judge to clarify plaintiff's case and to ensure that experts addressed all relevant issues in the proceedings did not give rise to an apprehension of bias Legislation Cited: Civil Procedure Act 2005 Crimes Act 1900 Uniform Civil Procedure Rules 2005 Cases Cited: A v State of New South Wales [2007] HCA 10; 230 CLR 500 Clyne v State of New South Wales (No 1) [2011] NSWSC 629 Clyne v State of New South Wales (No 2) [2011] NSWSC 630 Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd [2006] HCA 55; 229 CLR 577 Commonwealth Life Assurance Society Limited v Smith [1938] HCA 2; 59 CLR 527 Director of Public Prosecutions v Nicholls [2001] NSWSC 523; 123 A Crim R 66 Helton v Allen [1940] HCA 20; 63 CLR 691 Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; 244 CLR 427 Thomas v State of New South Wales [2008] NSWCA 316; 74 NSWLR 34 Texts Cited: J D Heydon, Cross on Evidence, 8th ed (2010) LexisNexis Butterworths Category: Principal judgment Parties: Janet Lorraine Clyne (Applicant/Appellant) State of New South Wales (Respondent) Representation: Counsel: M McAuley (Applicant/Appellant) P Menzies QC/M Hutchings (Respondent) Solicitors: Collins & Thompson (Applicant/Appellant) Crown Solicitor's Office (Respondent) File Number(s): CA 2009/297847 Decision under appeal Citation: [2011] NSWSC 629; [2011] NSWSC 630 Before: Fullerton J File Number(s): SC 2009/297847