Rowan v Cornwall (No 5)

In the matter of Rowan v Cornwall, the plaintiff, Rowan, sought to recover damages for various claims, including malicious prosecution, false imprisonment, and defamation, arising from events in 1986 and 1987. The defendant, Cornwall, is a former member of the Christies Beach Shelter. The case was heard in the Supreme Court of South Australia, where the trial judge, Justice Blue, delivered his decision.

The court was tasked with determining the credibility of the numerous witnesses who testified, particularly the plaintiff, and to decide whether the plaintiff had proven the elements of the claims against the defendant. The court had to assess the reliability of the plaintiff's testimony, given her emotional involvement and the extensive evidence presented over several days. Additionally, the court had to consider whether the plaintiff's claims were substantiated by the evidence and whether the defendant's actions were justified.

Justice Blue found the plaintiff to be a credible witness despite some inaccuracies in her testimony. The judge accepted the plaintiff's evidence and found her to be a witness of truth. The court also accepted the evidence of the other witnesses called by the plaintiff, finding that their testimony was not influenced by self-interest or sympathy for the plaintiff. The judge concluded that the plaintiff had established her claims against the defendant, finding the defendant liable for malicious prosecution, false imprisonment, and defamation. The court assessed the damages based on the evidence and the opinions of the psychiatrists.

The final orders of the court included the awarding of damages to the plaintiff for the claims of malicious prosecution, false imprisonment, and defamation, as well as interest on the damages from the date of the claim. The court also ordered the defendant to pay the plaintiff's costs of the proceedings.