Court of Appeal Wellington
9 November; 16 December 1988
Richardson, McMullin and Barker JJ
9 November; 16 December 1988
Richardson, McMullin and Barker JJ
Tort — Malicious prosecution — Procurement of prosecution — Insurer supplied to police information which led police, after investigation, to prosecute insured for attempting to obtain money from insurer through false pretences — Prosecution was unsuccessful — Insured sought damages from insurer for malicious prosecution — Jury found that information supplied to police was false and that insurer was the prosecutor — Insurer appealed — Whether insurer was liable if police made independent investigation — Whether Judge had misdirected jury as to who was the prosecutor — Whether new trial should be ordered.
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