NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Clark v R (No 4) [2021] NSWCCA 67 Hearing dates: On the papers Date of orders: 14 April 2021 Decision date: 14 April 2021 Before: Payne JA; Johnson J; Wilson J Decision: (1) Leave to apply to set aside the orders of the Court under r 50C of the Criminal Appeal Rules is refused; (2) The notice of motion dated 12 April 2021 is dismissed. Catchwords: CRIME – appeals – leave to apply to set aside judgments and orders – further vexatious application – no issue of principle Legislation Cited: Criminal Appeal Rules (NSW), r 50C Cases Cited: Clark v R [2021] NSWCCA 8 Clark v R (No 2) [2021] NSWCCA 48 Clark v R (No 3) [2021] NSWCCA 64 Category: Consequential orders Parties: Peter Frederick Clark (Applicant) Representation: Applicant in person File Number(s): 2008/3811 Publication restriction: Nil.
Judgment 1. THE COURT: On 12 April 2021, Mr Clark filed a notice of motion seeking orders under r 50C of the Criminal Appeal Rules (NSW). This is the third application made by Mr Clark under r 50C of the Criminal Appeal Rules seeking, inter alia, orders setting aside the judgment in Clark v R [2021] NSWCCA 8. 2. For the reasons given in Clark v R (No 2) [2021] NSWCCA 48 and Clark v R (No 3) [2021] NSWCCA 64 the application is vexatious and must be dismissed. The orders of the Court are: 1. Leave to apply to set aside the orders of the Court under r 50C of the Criminal Appeal Rules is refused; 2. The notice of motion dated 12 April 2021 is dismissed.
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