Burton v Office of the Director of Public Prosecutions [2019] NSWCA 245 (11 October 2019) (Bell P at [1]; White JA at [47]; McCallum JA at [68])


Catchwords:


APPEALS – civil procedure – summary disposal – dismissal of proceedings – no reasonable cause of action disclosed – whether trial judge erred in dismissing proceedings – whether instituting criminal proceedings to vex the accused is within the lawful scope of the criminal process – non-publication order – Court Suppression and Non-Publication Orders Act 1998 (NSW) – whether order an interim order

TORTS – tort of collateral abuse of process – distinguished from abuse of process justifying a stay of proceedings – elements of the tort