Application of Malcolm Huntley Potier [2012] NSWCA 222

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Application of Malcolm Huntley Potier [2012] NSWCA 222 Hearing dates: 12 July 2012 Decision date: 25 July 2012 Before: Allsop ACJ at [1]; Basten JA at [1] Decision: (1) In respect of each of the four proceedings, the applicant be granted leave to appear in person. (2) In respect of each of the four proceedings the subject of the orders refusing leave to commence proceedings made by RS Hulme J on 9 March 2010, refuse leave to appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: LAWYERS - tort - advocates' immunity - basis for immunity in finality of judicial determination - allegations against Legal Aid Commission in relation to provision of funding - allegations against plaintiff's legal representatives in relation to conduct of trial - whether open to plaintiff to show that impugned conduct had adverse effect on outcome of proceedings - discussion of D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; 223 CLR 1

LAWYERS - tort - role of prosecutor - alleged breach of duty to disclose relevant material to defence and to do nothing that would obstruct the administration of justice - whether breaches of duty give rise to liability in negligence

PRISONERS - civil proceedings - leave to commence proceedings - whether court required to form broad impression as to prospects of success - whether different expressions of standard of prospects of success significant - Felons (Civil Proceedings) Act 1981 (NSW), ss 4 and 5