Trespass Alone did not Amount to Misfeasance in Public Office without “Bad Faith”

A recent High Court decision illustrates the high bar for plaintiffs seeking to establish a case of misfeasance in public office. Despite the defendant council admitting to trespass and being found to have been “deeply disrespectful” of the plaintiffs’ property rights, grossly negligent and “bewilderingly incompetent,” this was not enough to amount to misfeasance in public office.

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