TS v The State of New South Wales [2021] NSWSC 1649

Supreme Court New South Wales

Medium Neutral Citation: TS v The State of New South Wales [2021] NSWSC 1649 Hearing dates: In Chambers Date of orders: 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Common Law Before: Wilson J as Duty Judge Decision: The following orders are made in Chambers: 1. Leave is granted to the plaintiff under s 4 of the Felons (Civil Proceedings) Act 1981 (NSW) allowing her to institute Supreme Court of New South Wales civil proceedings 2021/00231701, with this order taking effect from 6 August 2021. 2. The plaintiff is directed to file and serve, by email to the Associate to Wilson J, by 12pm on 15 December 2021, draft short minutes of order reflecting order 1, for execution by the Court. Catchwords: DUTY JUDGE — procedure — application for leave to commence civil proceedings — where plaintiff in custody — "prima facie ground" — Felons (Civil Proceedings) Act 1981 (NSW), ss 4 and 5 Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes Act 1900 (NSW) Felons (Civil Proceedings) Act 1981 (NSW) Cases Cited: Application of Malcolm Huntley Potier [2012] NSWCA 222 Jol v State of New South Wales (1998) 45 NSWLR 283; (1998) 104 A Crim R 516 Mr D v Ms P [2020] NSWCA 174 SW v State of New South Wales [2010] NSWSC 966 Category: Procedural rulings Parties: TS (Plaintiff) The State of New South Wales (Defendant) Representation: Counsel: T Buterin (Plaintiff) S Thornely (Defendant)