Moss v McIlveen

The applicants, Moss and others, sought leave to bring a private prosecution for perjury against the respondent, McIlveen. The proceedings concerned allegations of perjury arising from earlier proceedings. The application for leave was heard by Whealy JA and Handley AJA in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the applicants had established a prima facie case of perjury and whether the primary judge had demonstrated bias in their previous dealings with the matter. The court was required to consider the ingredients of the charge of perjury and the threshold for granting leave to commence a private prosecution in such circumstances.

The Court of Appeal dismissed the application for leave to bring the private prosecution. Their Honours found that the applicants had not established a prima facie case of perjury. Furthermore, the court found no evidence to support the allegation of bias on the part of the primary judge. The application was therefore dismissed.

The application for leave was dismissed with costs.