Burton v Babb [2023] NSWCA 242

Burton v Babb [2023] NSWCA 242

The applicant failed to establish any of the elements of malicious prosecution (other than that proceedings had terminated in his favour). No proposed ground of appeal raised an issue of principle or reasonably clear injustice. The primary judge was not obliged to provide more detailed reasons, nor was there a basis to impugn the costs order or conclude the respondents' solicitors acted without proper authority.

Jurisdiction
Australia
Judgment Date
12 October 2023
Procedural Posture
Application for Leave to Appeal (civil) / Court of Appeal (leave to Appeal)
Outcome
Leave to appeal refused
Legal Topics
['malicious Prosecution' 'costs' 'leave to Appeal']
['torts' 'civil Procedure'] ['malicious Prosecution' 'costs' 'leave to Appeal']

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Procedural Posture

Application for Leave to Appeal (civil) / Court of Appeal (leave to Appeal)

Legal Issues

  1. 1 ['Whether elements of the tort of malicious prosecution were established' 'Whether the primary judge failed to provide adequate reasons, ignored evidence, or erred in costs order' 'Whether CSO acted with or without instructions of defendants and/or misuse of state resources' 'Whether there was any malice or lack of reasonable and probable cause in the prosecution']

Ratio Decidendi

The applicant failed to establish any of the elements of malicious prosecution (other than that proceedings had terminated in his favour). No proposed ground of appeal raised an issue of principle or reasonably clear injustice. The primary judge was not obliged to provide more detailed reasons, nor was there a basis to impugn the costs order or conclude the respondents' solicitors acted without proper authority.

Court Disposition

Leave to appeal refused

Orders

  • ['Refuse leave to appeal.' "Order the applicant to pay the respondents' costs of the application."]