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

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

 

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.
Catchwords TORT – malicious prosecution – charge of offensive conduct – charge not prosecuted – whether there was reasonable and probable cause to commerce or maintain the prosecutionEVIDENCE – where defence unsuccessfully brought a “no case” application – whether Jones v Dunkel inference could be drawn as to fabrication of evidence – whether Briginshaw standard applied by trial judge on findings of criminal conduct – whether findings as to fabrication should be set aside

DAMAGES – whether exemplary damages manifestly excessive

ADMINISTRATIVE LAW – whether administrative decision to reduce rank of police officer was manifestly unreasonable

CRIME – Summary Offences Act – whether trial judge applied correct test in relation to offensive conduct charge

 

 

David Cormack – Brisbane Barrister.

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