NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Clark v State of New South Wales [2022] NSWSC 715 Hearing dates: 1 June 2022 Date of orders: 1 June 2022 Decision date: 01 June 2022 Jurisdiction: Common Law Before: Davies J Decision: 1. Leave granted to defendant to appear. 2. The Plaintiff is granted leave nunc pro tunc pursuant to s 4 of the Felons (Civil Proceedings) Act 1981 to institute proceedings against the Defendant in the form contained in the Statement of Claim filed 2 November 2021. 3.Each party is to bear their own costs of the Notice of Motion Catchwords: CIVIL PROCEDURE – commencement of proceedings – leave to commence action – plaintiff serving sentence for serious indictable offence – where proceedings commenced before leave sought – where plaintiff alleged he was sexually abused as a pupil of a school run by the Department of Education – leave granted Legislation Cited: Crimes Act 1900 ss 4, 193C Felons (Civil Proceedings) Act 1981 (NSW) ss 4, 5 Cases Cited: Application of Malcolm Huntley Potier [2012] NSWCA 222 Jol v State of New South Wales (1998) 45 NSWLR 283 Texts Cited: Nil Category: Procedural rulings Parties: Aaron Clark (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: T Meakes (Plaintiff) S Roberts (Defendant)
Solicitors: Beston McManis Lawyers (Plaintiff) Makinson d'Apice Lawyers (Defendant) File Number(s): 2021/310890 Publication restriction: Nil
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