Clavel v Savage

The appeal in *Clavel v Savage* concerned a claim for malicious prosecution brought by the appellants against the respondents. The appellants alleged that the respondents had initiated or instigated criminal proceedings against them without reasonable and proper cause and with malice. The case was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the appellants had successfully demonstrated the absence of reasonable and proper cause for the prosecution, whether malice had been established, and whether the respondents could be identified as the prosecutor or instigator of the proceedings. Further, the court considered whether there had been a collateral abuse of power or an improper purpose in the institution of the prosecution, and whether any delay in the delivery of the primary judgment had rendered the findings unsafe.

The Court of Appeal ultimately dismissed the appeal. The reasoning of the court, though not detailed in the provided text, would have involved an analysis of the evidence presented in relation to each of the elements of malicious prosecution. This would have included an assessment of whether the respondents acted with an improper motive or for a purpose other than the proper administration of justice, and whether the prosecution was so lacking in reasonable and probable cause that malice could be inferred. The court's decision indicates that the appellants failed to satisfy the onus of proof required to establish their claim.

Consequently, the appeal was dismissed, and the appellants were ordered to pay the costs of the third respondent, the State of New South Wales, in relation to the appeal.