Clark v Attorney General for NSW [2023] NSWSC 1045

Supreme Court New South Wales

Medium Neutral Citation: Clark v Attorney General for NSW [2023] NSWSC 1045 Hearing dates: 2 November 2022 Date of orders: 31 August 2023 Decision date: 31 August 2023 Jurisdiction: Common Law Before: Campbell J Decision: (1) Prayer 3 of the plaintiff's further amended summons filed 13 September 2022 be dismissed pursuant to r 13.4 Uniform Civil Procedure Rules 2005 (NSW). (2) Prayer 4 of the plaintiff's further amended summons filed 13 September 2022 be dismissed pursuant to r 13.4 Uniform Civil Procedure Rules 2005 (NSW). (3) Proceedings otherwise dismissed. (4) Liberty to apply in respect of costs. Catchwords: CIVIL PROCEDURE — defendant's application for summary judgment — plaintiff was convicted by a jury for child sexual related and perjury offences — plaintiff has engaged in various review process, including appeals and a Part 7 inquiry — plaintiff seeks to invoke a fraud jurisdiction of the Court to set aside convictions — whether the plaintiff's application is an abuse of process — consideration of the Court's jurisdiction in relation to fraud — plaintiff's allegations of fraud are mere assertions — not satisfied that the common law division has the power to set aside the conviction of a jury by way of judicial review — the plaintiff has repeatedly agitated the issue to this litigation — held that the plaintiff's application is an abuse of process Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), Part 7 Criminal Appeal Act 1912 (NSW) s 6 Uniform Civil Procedure Rules 2005 (NSW) rr 13.4, 36.15 Cases Cited: Application by Peter Frederick Clark pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2021] NSWSC 1364 Burrell v The Queen [2008] HCA 34; (2008) 238 CLR 218 Clark v Attorney General (NSW) [2022] NSWCA 231 Clark v R [2015] NSWCCA 265 Clark v R [2021] NSWCCA 8 Director of Public Prosecutions v Mosely (2013) 275 FLR 140; [2013] NTSC 8. Grierson v The King (1938) 60 CLR 431; [1938] HCA 45 PFC v The Queen (No 2) [2014] NSWCCA 241 R v Stanley [2015] 1 Qd R 118; [2014] QCA116; (2014) 241 A Crim R 73 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189; [2007] HCA 35 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 Category: Procedural rulings Parties: Peter Frederick Clark (Plaintiff) Attorney General for NSW (Defendant) Representation: Counsel: Self Represented (Plaintiff) I Fraser (Defendant)