Carvanna v State of New South Wales [2022] NSWSC 594 – interlocutory decision.
This recent case considers the State of NSW’s motion to strike out pleadings filed by an unrepresented litigant in a malicious prosecution claim. It is important that all people have open access to the courts, however, this right must be balanced against the risk of wasting the courts’ time; and potential costs orders against self-represented litigants. We would strongly encourage anyone claiming malicious prosecution to obtain legal advice prior to commencing proceedings. The threshold for establishing the element of malice is perilously high.
Read more: https://jade.io/article/916132
