State of New South Wales v Beck; Commissioner of Police v Beck [2013] NSWCA 437

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Beck; Commissioner of Police v Beck [2013] NSWCA 437 Hearing dates: 8 November 2013 Decision date: 13 December 2013 Before: Beazley P at [1] Barrett JA at [8] Ward JA at [9] Decision: In CA 2013/043889: 1. Appeal allowed. 2. Set aside orders made by Adams J. 3. The matter be remitted to the Common Law Division for re-hearing. 4. Respondent to pay appellant's costs of the appeal. Costs of the hearing before Adams J to abide the outcome of the re-hearing. In CA 2012/393204: 1. Leave to appeal be granted. 2. The draft notice of appeal stand as the notice of appeal in the proceedings. 3. The appellant pay the applicable filing fee in respect of the notice of appeal within seven days but all further requirements of the rules with respect to its filing and service be dispensed with. 4. Appeal allowed. 5. Set aside primary judge's order quashing the decision made on 22 September 2008 by Superintendent Crandell. 6. The respondent to pay the appellant's costs of the amended summons seeking leave to appeal and the appeal. [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 - malicious prosecution - charge of offensive conduct - charge not prosecuted - whether there was reasonable and probable cause to commence or maintain the prosecution