The GEO Group Australia Pty Ltd v Clarke [2024] NSWCA 36

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The GEO Group Australia Pty Ltd v Clarke [2024] NSWCA 36 Hearing dates: 22 February 2024 Date of orders: 22 February 2024 Decision date: 22 February 2024 Before: Griffiths AJA at [1]; Basten AJA at [44] Decision: (1) Dismiss the applicant's summons seeking leave to appeal from the judgment and the orders made in the Common Law Division on 27 June 2023. (2) Order that the applicant pay the first respondent's costs in this Court. Catchwords: APPEALS – Leave to appeal from interlocutory decision – no issue of principle or any question of general public importance – no sufficiently arguable error on the part of the primary judge which warranted a grant of leave Legislation Cited: Supreme Court Act 1970 (NSW) s 101(2)(e) Cases Cited: Clarke v GEO Australia Pty Ltd [2023] NSWSC 716 In re Will of F. B. Gilbert (dec.) (1946) 46 S.R. (NSW) 318 Tapp v Australian Bushmen's Campdraft & Rodeo Association Ltd (2022) 273 CLR 454; [2022] HCA 11 Category: Principal judgment Parties: The GEO Group Australia Ltd (Applicant) Anthony Clarke (First Respondent) State of New South Wales (Second Respondent) Representation: Counsel: A Cheshire SC/E L Bartley (Applicant) D Toomey SC/D Morgan (First Respondent) P Rickard (Second Respondent)

Solicitors: Sparke Helmore (Applicant) Garling & Co Lawyers (First Respondent) Moray & Agnew (Second Respondent) File Number(s): 2023/217591 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Common Law Citation: [2023] NSWSC 716 Date of Decision: 27 June 2023 Before: Rothman J File Number(s): 2020/289728