GOODWIN V. BAKER

GOODWIN V. BAKER

The points of law sought to be raised on appeal were not raised before the District Court judge nor in the Supreme Court; the appeal was incompetent and must be dismissed as required by s. 144 of the District Courts Act 1912, supported by existing authority.

Parties
Appellant: Goodwin; Respondent: Baker
Jurisdiction
Australia
Judgment Date
02 November 1970
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed with costs
Legal Topics
Malicious Prosecution, Appeals, Reasonable and Probable Cause
Tort Law Malicious Prosecution Appeals Reasonable and Probable Cause

Case Brief

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Parties

Goodwin

Appellant

Baker

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the requirements of s. 144 of the District Courts Act 1912 were satisfied permitting appeal points to be raised
  2. 2 Whether the trial judge addressed or should have addressed the appellant’s state of mind with reference to the correct person
  3. 3 Whether questions as to exemplary damages were properly left to the jury

Ratio Decidendi

The points of law sought to be raised on appeal were not raised before the District Court judge nor in the Supreme Court; the appeal was incompetent and must be dismissed as required by s. 144 of the District Courts Act 1912, supported by existing authority.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.