Li v Deng (No 2)

The respondents, Li and others, brought an action against the appellant, Deng, in the Supreme Court of Queensland. The dispute involved claims of proprietary estoppel, resulting trust, constructive trust, and allegations of malicious prosecution and abuse of process. The respondents sought damages and an account of profits in relation to property dealings and the initiation of apprehended violence order (AVO) proceedings.

The court had to determine the validity of the respondents' claims for proprietary estoppel, resulting trust, and constructive trust. Additionally, the court had to decide whether the initiation of AVO proceedings constituted malicious prosecution and whether there was evidence of abuse of process. The court examined the elements of the tort of malicious prosecution, including the meaning of "reasonable and probable cause" and "maliciously." The court also had to assess the credibility of the witnesses and determine when lies by one witness can be used as evidence against that witness.

The court found that the respondents failed to establish their claims for proprietary estoppel, resulting trust, and constructive trust. The court held that the initiation of AVO proceedings did not constitute malicious prosecution as the appellant had reasonable and probable cause to initiate the proceedings. The court also found that there was no evidence of abuse of process. The court further held that only in limited circumstances can lies by one witness provide evidence against that witness. Consequently, the respondents' claims were dismissed.

The court ordered that the respondents pay the appellant's costs of the appeal.