Read the full judgment text of HCA 1698/2011 on BabelCite. This High Court CFI judgment was delivered on 3 August 2012 before Hon Anthony To J.
Criminal law – civil contempt – statutory duty of care – private law cause of action – legal aid – police investigation – perverting the course of justice – strike out – appeal dismissed – costs – Plaintiff sued LAD and Police after LAD refused legal aid and Police declined to investigate ex-husband's failure to pay maintenance – Ex-husband's failure to maintain was civil dispute not criminal offence; breach of statutory duty by public bodies does not automatically give rise to private law cause of action; LAD had no duty to investigate for legal aid applicant; police did not pervert course of justice; Master correctly refused amendment – Appeal dismissed; Statement of Claim struck out; costs to be taxed
Legal issues: Criminal liability of ex-husband · Breach of statutory duty as cause of action · LAD duty to investigate · Perversion of course of justice · Right to amend Statement of Claim
Outcome: Appeal dismissed; Statement of Claim struck out; Claims dismissed.
Cites 2 cases