Fred Saad v State of New South Wales; Ashley Saad v State of New South Wales

The case of Fred Saad and Ashley Saad versus the State of New South Wales was heard in the Supreme Court of New South Wales. The plaintiffs, both of whom were previously convicted of drug trafficking, sought damages for malicious prosecution and false imprisonment. Their claims centred on the assertion that the prosecution's case against them was knowingly unfounded, leading to their wrongful imprisonment. The defendants, the State of New South Wales, denied the allegations and argued that the prosecution had acted in good faith and on reasonable grounds.

The primary legal issues revolved around whether the prosecution had acted maliciously and whether there was a sufficient basis to support the decision to prosecute. Specifically, the court needed to determine if the prosecution had acted without probable cause and whether they had acted with malice. The court also had to assess whether the plaintiffs' detention constituted false imprisonment and, if so, whether the state was liable.

The court found that the prosecution had acted with malice and without probable cause. Evidence showed that critical information that could have exonerated the plaintiffs was withheld from the defence, and the prosecution continued despite this. The court held that the plaintiffs had been subjected to false imprisonment and awarded damages. The court's reasoning hinged on the clear demonstration that the prosecution's actions were not only without reasonable grounds but were also intended to cause harm to the plaintiffs. The malicious intent and lack of probable cause led the court to find in favour of the plaintiffs on both counts.

The court ordered the State of New South Wales to pay damages to Fred Saad and Ashley Saad for the malicious prosecution and false imprisonment they suffered. The exact amount of damages was left to be determined in further proceedings, but the court's ruling was unequivocal in holding the state accountable for its actions.