djokovic (government abuse of discretionary power) litigation, page-2

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    Misfeasance in public office

    The following elements of the offence are often referred to:
    (i) an invalid or unauthorised act,
    (ii) done maliciously,
    (iii) by a public officer,
    (iv) in the purported discharge of his or her public duty, and
    (v) which causes loss or harm to the plaintiff.

    ii. Malice In addition to invalidity, liability for misfeasance in public office requires a particular state of mind - bad faith or malice. However, it is not entirely settled what is sufficient to constitute malice for these purposes. It is clear that an actual intention to cause harm constitutes malice (often referred to as "targeted malice"). Additionally, knowledge of invalidity, or recklessness as to the existence of power, when coupled with an additional element can constitute malice for the purposes of the tort. However, it is not entirely clear what that additional element is. It is probably the case that the additional element will include knowledge that the invalid exercise of power will cause injury or recklessness as to whether that injury will result. However, it has not been completely ruled out that foreseeability of injury might be sufficient.

    All the rest are self explanatory .

    https://www.claytonutz.com/knowledge/2008/december/be-alert-but-not-alarmed-misfeasance-in-public-office#:~:text=The%20following%20elements%20of%20the,or%20harm%20to%20the%20plaintiff.

    Hope you all find this interesting.

 
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