Noye v Robbins

Case [2007] WASC 98


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION:   NOYE -v- ROBBINS; NOYE -v- CRIMMINS [2007] WASC 98

CORAM:   EM HEENAN J

HEARD:   30 MAY, 1 - 3, 7 - 10, 13 - 17 JUNE, 8 - 9, 12 - 16, 19 ‑ 21 DECEMBER 2005 & 15 - 18 AUGUST 2006

DELIVERED          :   30 APRIL 2007

FILE NO/S:   CIV 2231 of 1999

BETWEEN:   JEFFREY HOWARD NOYE

Plaintiff

AND

STEPHEN JOHN ROBBINS
Defendant

FILE NO/S              :CIV 2490 of 2000

BETWEEN              :JEFFREY HOWARD NOYE

Plaintiff

AND

LYNETTE BERYL CRIMMINS
Defendant

Catchwords:

Malicious prosecution - Misfeasance in public office - Abuse of process - Injurious falsehood - Criminal prosecution on indictment - Police disciplinary charges for alleged corrupt conduct - Nolle prosequi filed after indictment - Procedures applying when nolle prosequi presented - Functions of counsel

Police disciplinary charges withdrawn - Senior police officer retired from service on health grounds - Police career destroyed - Whether proceedings terminated in plaintiff's favour - Malice - Whether absence of reasonable cause for initiating charges - Whether action for malicious prosecution lies in respect of withdrawal of professional disciplinary charges - Strength of case - Major witness for prosecution of questionable credibility - Lack of apparent motive - Circumstantial case - Significance of prosecutor seeking advice from Director of Public Prosecutions - Whether advice from Director of Public Prosecutions based on all material information - Animosity towards plaintiff by another investigating officer - Animosity of witness towards plaintiff - Exterior agency financing police investigations - False information provided to police by principal witness - Information provided maliciously and to secure favourable treatment for offender -  - False allegations a material cause in the plaintiff being investigated and charged - Damages

Legislation:

Criminal Code (WA)
Diamond (Argyle Diamond Miner Joint Venture) Agreement Act 1981 (WA)
Diamond (Ashton Joint Venture) Agreement Act 1981 (WA) (Amended)
Director of Public Prosecutions Act 1991 (WA)
Limitation Act 1935 (WA)
Poisons Act 1964 (WA)
Police Act 1892 (WA)
Police Force Regulations 1979 (WA)
Supreme Court Act 1935 (WA)

Result:

Action CIV 2231 of 1999 dismissed
In action CIV 2490 of 2000 damages of $272,676 awarded for injurious falsehood

Category:    A

Representation:

CIV 2231 of 1999

Counsel:

Plaintiff:     Mr D P A Moen

Defendant:     Mr M T McKenna

Solicitors:

Plaintiff:     Halperin Fleming Meertens

Defendant:     Hunt & Humphry

CIV 2490 of 2000

Counsel:

Plaintiff:     Mr D P A Moen

Defendant:     Mr J D Allanson

Solicitors:

Plaintiff:     Halperin Fleming Meertens

Defendant:     Lewis Blyth & Hooper

Case(s) referred to in judgment(s):

A v State of New South Wales [2005] NSWCA 292; (2005) 63 NSWLR 681

A v State of New South Wales [2007] HCA 10

Assheton v Merrett [1928] SASR 11

Attorney‑General (New South Wales) v Perpetual Trustee Co Ltd (1955) 92 CLR 113

Austin v Dowling (1870) LR 5 CP 534

Ballina Shire Council v Ringland (1994) 33 NSWLR 680

Barton v The Queen (1980) 147 CLR 75

Berry v British Transport Commission [1962] 1 QB 306

Bradshaw v Waterlow…

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Noye v Robbins [2007] WASC 98
Case
[2007] WASC 98
Decision Date

CaseChat Overview and Summary

In the case of Noye v Robbins, the plaintiff sought damages for malicious prosecution, misfeasance in public office, abuse of process, and injurious falsehood. The proceedings arose from a series of police investigations and subsequent charges against the plaintiff, who was ultimately cleared of the allegations. The plaintiff's career was significantly impacted by the proceedings, leading to his retirement on health grounds. The court was required to determine whether the plaintiff could bring an action for malicious prosecution in relation to the withdrawal of police disciplinary charges, the absence of reasonable cause for initiating the charges, and the existence of malice.

The court examined the circumstances surrounding the initiation and withdrawal of the charges against the plaintiff. It considered factors such as the questionable credibility of a key prosecution witness, the lack of apparent motive, and the circumstantial nature of the case. The court also evaluated the significance of the prosecutor seeking advice from the Director of Public Prosecutions and whether this advice was based on all material information. Additionally, the court assessed the impact of animosity towards the plaintiff by other investigating officers and the provision of false information by a principal witness. The court found that the plaintiff had been defamed through injurious falsehood and awarded damages of $272,676.

The court concluded that the plaintiff's action for malicious prosecution was not valid in respect of the withdrawal of police disciplinary charges, as the charges had been withdrawn before the proceedings were terminated in his favour. However, the court found that the plaintiff had suffered defamatory statements that were injurious to his reputation, leading to the award of damages for injurious falsehood. The court dismissed the claims for malicious prosecution, misfeasance in public office, and abuse of process.

Orders

Orders of the court

Results: CIV 2231 of 1999 - dismissed

CIV 2490 of 2000 - damages of $272,676 awarded for injurious falsehood

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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