Lucas v State of New South Wales [2024] NSWSC 600

Supreme Court New South Wales

Medium Neutral Citation: Lucas v State of New South Wales [2024] NSWSC 600 Hearing dates: 16 May 2024 Date of orders: 16 May 2024 Decision date: 16 May 2024 Jurisdiction: Common Law Before: Campbell J Decision: (1) Leave is granted to commence the proceedings by an amended Statement of Claim filed on 26 October 2023 under ss 4 and 5 Felons (Civil Proceedings) Act 1981 (NSW) nunc pro tunc. (2) The application under s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) is refused. (3) The Plaintiff's costs of the application are costs in the cause. Catchwords: CIVIL PROCEDURE – application for leave for person in custody to commence civil proceedings nunc pro tunc – prima facie case supported by expert evidence – court to form a broad impression as to prospects of success – leave granted CIVIL PROCEDURE – application for suppression and non-publication order – paramountcy of "open justice" – calculus of risk – no evidence of real risk of harm – application refused Legislation Cited: Children (Criminal Proceedings) Act 1997 (NSW), s 15A Court Suppression and Non-publication Orders Act 2010 (NSW), ss 6, 7, 8 Crimes Act 1900 (NSW), s 578A Felons (Civil Proceedings) Act 1981 (NSW), ss 4, 5, 7 Cases Cited: AB (a pseudonym) v CD (a pseudonym) [2019] HCA 6 AB (a pseudonym) v R (No 3) (2019) 97 NSWLR 1046; [2019] NSWCCA 46 Application of Malcolm Huntley Potier [2012] NSWCA 222 Jol v State of New South Wales (1998) 45 NSWLR 283 Category: Procedural rulings Parties: Robert Lucas (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: M McGirr (Plaintiff) C Higgins (Solicitor) (Defendant)