28 Sept 2006
EUGENE JAE-HOON OH v. KATE GASKELL RICHDALE
- Citation
- EUGENE JAE-HOON OH v. KATE GASKELL RICHDALE
- Court
- Court of Final Appeal
- Case number
- FAMV13/2006
The application for leave to appeal is dismissed because the plaintiff cannot establish the essential element that the defendant was acting as the 'prosecutor'; established authority requires that the complainant's knowledge be exclusive so as to render the prosecuting authorities' decision non-independent, and the facts show the Police and Department of Justice took an independent decision on the basis of a broad investigation and other witnesses, so the claim is plainly and obviously bound to fail.