Schepis v Commonwealth of Australia [2013] NSWCA 354

Schepis v Commonwealth of Australia [2013] NSWCA 354

Leave to appeal refused because there were no substantial prospects of success; factual findings regarding malice, reasonable and probable cause, and interpretation of CCTV evidence were open to the primary judge; costs discretion based on the respondent's walk-away offer complied with the rules and was properly...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 October 2013
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision
Outcome
leave to appeal refused, with costs
Legal Topics
['malicious Prosecution' 'costs Discretion' 'leave to Appeal' 'evidentiary Review']
['civil Procedure'] ['malicious Prosecution' 'costs Discretion' 'leave to Appeal' 'evidentiary Review']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision

Legal Issues

  1. 1 ['whether leave to appeal should be granted regarding factual findings of malicious prosecution' "whether costs discretion based on a 'walk-away' offer was properly exercised" 'whether judicial findings regarding CCTV evidence and witness demeanour were correct']

Ratio Decidendi

Leave to appeal refused because there were no substantial prospects of success; factual findings regarding malice, reasonable and probable cause, and interpretation of CCTV evidence were open to the primary judge; costs discretion based on the respondent's walk-away offer complied with the rules and was properly exercised.

Court Disposition

leave to appeal refused, with costs

Orders

  • ['Leave to appeal refused' "Applicant to pay respondent's costs"]