Peter Frederick CLARK v TNR & Ors [2008] NSWSC 828

New South Wales Supreme Court

CITATION : Peter Frederick CLARK v TNR & Ors [2008] NSWSC 828

HEARING DATE(S) : 24 April 2008 JUDGMENT OF : Simpson J

EX TEMPORE JUDGMENT DATE : 24 April 2008

DECISION : Notice of Motion Dismissed. Plaintiff to pay the Defendants' costs.

CATCHWORDS : PRACTICE AND PROCEDURE - Application to temporarily stay proceedings - Plaintiff's criminal proceedings yet to be finalised - inability to access documents - medical condition - lengthy delay in finalisation of proceedings - notice of motion dismissed

PARTIES : Peter Frederick CLARK (Plaintiff) TNR (2nd Defendant)

FILE NUMBER(S) : SC 20185/05

P Clark (In Person) (Plaintiff) COUNSEL : TNR (In person) (1st & 2nd Defendants) PM Sibtain (3rd -5th Defendants)

P Clark (Self represented) SOLICITORS : TNR (Self represented) I V Knight - Crown Solicitor (3rd-5th Defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SIMPSON J

Thursday 24 April 2008

20185/05 Peter Frederick CLARK v TNR & Ors

JUDGMENT 1 HER HONOUR: These proceedings were commenced by statement of claim filed on 14 June 2005 naming five defendants. The plaintiff, Mr Clark, is unrepresented and has prepared his own legal documents. In fact the proceedings have their origin as far back as 1998 when the plaintiff was charged with sexual offences against the first defendant of which he was initially convicted but acquitted on appeal. The plaintiff now seeks an order that further proceedings on the statement of claim be temporarily stayed. He puts his argument today on two bases: One, medical reasons, and two, that he is currently engaged in criminal proceedings which have not been finalised and to which he needs to devote his attention.