NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Butler v State of New South Wales [2023] NSWSC 118 Hearing dates: 21 February 2023 Date of orders: 21 February 2023 Decision date: 21 February 2023 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to s 4 of the Felons (Civil Proceedings) Act 1981 (NSW) the plaintiff is granted leave to commence and maintain his civil proceedings in the Supreme Court of NSW (2022/289375), with such orders made nunc pro tunc and taking effect from 28 September 2022. 2. An order that costs of the Motion be costs in the cause. 3. An order that the Justice Link record be amended to correct the plaintiff's surname from Buter to Butler. Catchwords: CIVIL PROCEDURE – commencement of proceedings – leave to commence action – where plaintiff serving a sentence for serious indictable offence – where proceedings commenced before leave was sought – where plaintiff alleged he was sexually assaulted at two Juvenile Justice institutions – leave granted Legislation Cited: Felons (Civil Proceedings) Act 1981 (NSW) Cases Cited: Jol v State of New South Wales (1998) 45 NSWLR 283 Re Application of Malcolm Huntley Potier [2012] NSWCA 222 Texts Cited: Nil Category: Procedural rulings Parties: Darren Butler (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: J Isackson (Plaintiff) No appearance (Defendant)
Solicitors: Shine Lawyers Ltd (Plaintiff) Norton Rose Fulbright Australia (Defendant) File Number(s): 2022/289375 Publication restriction: Nil
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