New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Reasonable and probable cause

Legal area

Court

5 Nov 2014

KEARNS v MILNER [2014] NZHC 2752

Citation

[2014] NZAR 1494
Court

High Court

The court found all elements of malicious prosecution established: Ms Milner fabricated texts and encouraged the complaint, thereby procuring the prosecution; the proceedings terminated without incrimination; she lacked reasonable and probable cause and acted maliciously; plaintiff suffered compensable loss from 17 days incarceration and related harms; award made of $45,000 compensatory and $10,000 exemplary damages, plus costs to plaintiff on a 2B basis.
22 Dec 2005

CAIE V THE ATTORNEY-GENERAL OF NZ CA CA108/01

Citation

openlaw-a9ad420f_6817_4670_9ff3_b5a5341c8643.pdf
Court

Court of Appeal

The appeal is dismissed because the appellant cannot challenge the favourable false imprisonment finding except on quantum (which he did not pursue) and has failed to demonstrate that Fisher J was wrong to find the police had reasonable and probable cause for the prosecution; appellate intervention in credibility and factual findings is unwarranted absent compelling grounds, and the unlawful detention resulted solely from the police failing to give adequate reasons for arrest.