CULLEN V. AMPOL PETROLEUM LIMITED

CULLEN V. AMPOL PETROLEUM LIMITED

There was no evidence of absence of reasonable and probable cause nor malice on the part of the officer prosecuting the plaintiff, and therefore no sustainable claim for malicious prosecution; the verdict and judgment for the plaintiff were rightfully overturned by the Court of Appeal.

Parties
Plaintiff / Appellant: Victor Leslie Cullen; Defendant / Respondent: Ampol Petroleum Limited
Jurisdiction
Australia
Judgment Date
01 December 1972
Procedural Posture
Appeal / Judgment on Appeal From Court of Appeal Division of Supreme Court of New South Wales
Outcome
Appeal dismissed
Legal Topics
Malicious Prosecution, Reasonable and Probable Cause, Malice
Torts Malicious Prosecution Reasonable and Probable Cause Malice

Case Brief

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Parties

Victor Leslie Cullen

Plaintiff / Appellant

Ampol Petroleum Limited

Defendant / Respondent

Procedural Posture

Appeal / Judgment on Appeal From Court of Appeal Division of Supreme Court of New South Wales

Legal Issues

  1. 1 Whether there was absence of reasonable and probable cause for the prosecution
  2. 2 Whether there was malice in instituting the prosecution

Ratio Decidendi

There was no evidence of absence of reasonable and probable cause nor malice on the part of the officer prosecuting the plaintiff, and therefore no sustainable claim for malicious prosecution; the verdict and judgment for the plaintiff were rightfully overturned by the Court of Appeal.

Court Disposition

Appeal dismissed

Orders

  • The appeal should be dismissed.