Scott-Irving v State of New South Wales (No 2) [2014] NSWSC 1040

Supreme Court New South Wales

Medium Neutral Citation: Scott-Irving v State of New South Wales (No 2) [2014] NSWSC 1040 Hearing dates: 28 July 2014, 29 July 2014 Decision date: 31 July 2014 Jurisdiction: Common Law Before: Adamson J Decision: (1) That these proceedings be dismissed on the ground that on the evidence given a judgment for the plaintiff could not be supported. I make that order under r 29.9 of the Uniform Civil Procedure Rules 2005 (NSW). (2) Order that the plaintiff is to pay the defendant's costs of the proceedings. Catchwords: TORTS - malicious prosecution - wrongful arrest and false imprisonment - claim wholly unsupported by evidence adduced by plaintiff - dismissal appropriate Legislation Cited: Crimes Act 1900 (NSW), s 61M Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 99 Uniform Civil Procedure Rules 2005 (NSW), r 29.9 Cases Cited: A v State of New South Wales [2007] HCA 10; 230 CLR 500 Beckett v State of New South Wales [2013] HCA 17; 248 CLR 432 Davis v Gell [1924] HCA 56; (1924) 35 CLR 275 Dunlop v Woollahra Municipal Council [1982] AC 158 George v Rockett [1990] HCA 26; 170 CLR 104 Onassis v Vergottis [1968] 2 Lloyds Rep 403 Richardson v The Queen [1974] HCA 19; (1974) 131 CLR 116 Category: Principal judgment Parties: Stewart Scott-Irving (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Mr M Hutchings (Defendant) Solicitors: Mr Scott-Irving (Unrepresented) Henry Davis York (Defendant) File Number(s): 2012/19001 Publication restriction: Nil