Judgment
John Mitchell Rea v Detective Inspector Brian Gibbs and Ors - Judgment
Civ App 0006/1994 · 1995-12-07
Malicious procurement of search warrants without reasonable and probable cause; Abuse of process under the Misuse of Drugs Law; Trespass to property and goods; Damages for constructive dismissal and reputational harm; Burden of proof in malicious prosecution and tort claims; Public interest immunity and judicial review limitations; Validity of warrants and procedural fairness
Full metadata
| Cause Number | Civ App 0006/1994 |
|---|---|
| Court | CICA (Civ) |
| Judge | Georges JA, Kerr JA, Zacca JA |
| Parties | John Mitchell Rea v Detective Inspector Brian Gibbs and Ors - Judgment |
| Judgment Date | 1995-12-07 |
| Subject | Malicious procurement of search warrants without reasonable and probable cause; Abuse of process under the Misuse of Drugs Law; Trespass to property and goods; Damages for constructive dismissal and reputational harm; Burden of proof in malicious prosecution and tort claims; Public interest immunity and judicial review limitations; Validity of warrants and procedural fairness |
| Filename (current) | 95-12-07_john_mitchell_rea_v_detective_inspector_brian_gibbs__ors.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| Misuse of Drugs Act | 16L, 16M, 44 | 20 |
| Police Act | 27, 27(1) | 8 |
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