Clavel v Savage [2013] NSWSC 775

Clavel v Savage [2013] NSWSC 775

Jurisdiction
Australia
Judgment Date
14 June 2013
Procedural Posture
Common Law Tort Proceedings / Principal Judgment
Outcome
Judgment for the third defendant; directions made for submissions on damages in relation to the claim against the first and second defendants; plaintiffs to pay the third defendant's costs; otherwise the proceedings are dismissed.
Legal Topics
['malicious Prosecution' 'collateral Abuse of Process' 'intentional Infliction of Emotional Distress' 'assault and Battery' 'reasonable and Proper Cause for Prosecution' 'malice or Extraneous or Improper Purpose' 'burden of Proof and Drawing of Inferences' 'apprehended Violence Orders']
['tort'] ['malicious Prosecution' 'collateral Abuse of Process' 'intentional Infliction of Emotional Distress' 'assault and Battery' 'reasonable and Proper Cause for Prosecution' 'malice or Extraneous or Improper Purpose' 'burden of Proof and Drawing of Inferences' 'apprehended Violence Orders']

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Procedural Posture

Common Law Tort Proceedings / Principal Judgment

Legal Issues

  1. 1 ['Whether the plaintiffs established malicious prosecution against the State of New South Wales in relation to multiple prosecutions.' 'Whether the plaintiffs established collateral abuse of process concerning Apprehended Violence Orders.' 'Whether the plaintiffs established claims against Mr and Mrs Savage based on Wilkinson v Downton or intentional infliction of emotional distress.' 'Whether any damages arose from wrongful conduct by the first and second defendants and the quantum of any such damages.']

Court Disposition

Judgment for the third defendant; directions made for submissions on damages in relation to the claim against the first and second defendants; plaintiffs to pay the third defendant's costs; otherwise the proceedings are dismissed.

Orders

  • ['Judgment for the third defendant herein.' 'In relation to the claim against the first and second defendant, within 28 days of the date of this judgment, the plaintiffs file and serve written submissions of no more than 20 pages on what, if any, damages arose from the wrongful conduct, as defined in the reasons for...