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. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 14 April 2021