Read the full judgment text of FAMV 000013/2006 on BabelCite. This FAMV judgment was delivered on 28 September 2006 before Chief Justice Li, Mr Justice Chan PJ, Mr Justice Ribeiro PJ.
Civil procedure – malicious prosecution – tort – prosecutor – complainant – striking out – leave to appeal – Court of Final Appeal – bitter neighbour dispute – applicant alleged defendant lied about assault – applicant convicted of assaulting domestic helper and criminal damage – acquitted of assaulting defendant – action struck out as no reasonably arguable basis that defendant was prosecutor – established legal test from Martin v Watson and Mahon v Rahn (No 2) – complainant treated as prosecutor only if facts exclusively within complainant's knowledge making independent discretion virtually impossible – prosecuting authorities relied on broad investigation and multiple witnesses – independent decision plain and obvious – proposed arguments that test should be confined to one person's word against another or that decision must be independent only if authorities knew complainant was lying – not reasonably arguable – contrary to settled authority and principle – application dismissed with costs
Legal issues: Whether complainant can be treated as prosecutor for malicious prosecution
Outcome: Application for leave to appeal dismissed with costs.
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