Attorney General for New South Wales v Clark; Clark v State of New South Wales [2022] NSWSC 361

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Clark; Clark v State of New South Wales [2022] NSWSC 361 Hearing dates: 21 March 2022 Date of orders: 31 March 2022 Decision date: 31 March 2022 Jurisdiction: Common Law Before: Rothman J Decision: (1) The State of New South Wales is removed from these proceedings as a defendant; (2) The plaintiff's motions of 11 January 2022 and 9 March 2022 seeking the addition of parties and a cause of action is dismissed; (3) To the extent sought by the Attorney General and applied for within seven days of the date of this judgment, the Court will hear the parties on any order for costs. Catchwords: CIVIL PROCEDURE – Summons for Judicial Review and Appeal of Refusal of Parole – Joinder of cause of action in negligence – consequential joinder of parties – Removal of party – overriding purpose – case management – joinder refused – party removed Legislation Cited: Civil Liability Act 2002 (NSW), Part 2A Civil Procedure Act 2005 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW), s 155 Felons (Civil Proceedings) Act 1981 (NSW), s 4 Supreme Court Act 1970 (NSW), s 23 Crimes (Appeal and Review) Act 2001 (NSW), Part 7 Uniform Civil Procedure Rules 2005 (NSW), r 6.24, 6.27, 6.29 Cases Cited: Application by Peter Frederick Clark [2021] NSWSC 1363 Clark v Attorney General of New South Wales [2019] NSWSC 1277 Clark v Attorney General of New South Wales [2020] NSWCA 70 Clark v R (No 2) [2015] NSWCCA 271 Clark v R [2014] NSWCCA 236 Clark v R [2015] NSWCCA 265 Hot Holdings Pty Ltd v Creasy (1996) 185 CLR 149; [1996] HCA 44 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611; [1999] HCA 21 Peter Frederick Clark v The Queen [2016] HCASL 79 PFC v R (No 2) [2014] NSWCCA 241 PFC v R [2011] NSWCCA 275 Category: Procedural rulings Parties: Attorney General's motion of 14 December 2021: Attorney General for New South Wales (Applicant) Peter Frederick Clark (Respondent)