Flowers v State of New South Wales [2022] NSWCA 28 (02 March 2022) (Basten, White and Beech-Jones JJA)


Catchwords:


APPEAL – leave to appeal – whether statutory threshold met – no affidavit supporting right to appeal – no objection to competency – matter deemed to be leave application

APPEAL – motion to adduce further evidence – where appellant sought to examine opponent’s lawyers as to conduct of trial – full transcript of trial available

APPEAL – challenge to finding as to credibility of police informant – finding not inconsistent with objective evidence nor glaringly improbable – allegation not put to police officer in cross-examination

CIVIL PROCEDURE – hearings – application to vacate hearing – challenge to covid-19 protocol requiring persons entering court to be vaccinated – matter not fixed for live hearing – hearing by audio-visual link or telephone available – applicant homeless – inconvenience where no live hearing

CIVIL PROCEDURE – application for trial by jury – application for appeal to be heard by jury – no jury available on appeal

COURT AND JUDGES – procedural fairness – reasonable apprehension of bias – plaintiff wrongly accused State of concealing documents – judge told plaintiff he owed the State an apology – whether lay observer might think judge might be biased

TORTS – malicious prosecution – evidence of improper purpose – whether prosecutor concealed evidence – improper motive said to be revenge for prior successful claim by appellant