A v New South Wales

HIGH COURT OF AUSTRALIAGLEESON CJGUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJA  APPELLANTANDSTATE OF NEW SOUTH WALES & ANOR   RESPONDENTSA v State of New South Wales[2007] HCA 1021 March 2007S59/2006ORDER1.        Appeal allowed in part;2.Vary paragraph 1 of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 2 September 2005 by adding the words "with costs" after "dismissed";3.Set aside paragraphs 2 to 7 of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 2 September 2005 and, in their place, order that the cross-appeal be dismissed with costs; and4.The respondents to pay the appellant's costs of the appeal to this Court. On appeal from the Supreme Court of New South WalesRepresentationD F Jackson QC with A P Stenmark SC and J C Sheller for the appellant (instructed by Greg Walsh & Co)M G Sexton SC, Solicitor-General for the State of New South Wales with P J Saidi and J C Chapman for the first and second respondents (instructed by Crown Solicitor for New South Wales)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSA v State of New South WalesTorts – Malicious prosecution – Whether prosecutor acted without reasonable and probable cause – Public rather than private prosecution – Applicant acquitted of offence charged – Prosecutor had no personal knowledge of the facts underlying the charge – Whether prosecutor did not honestly form...