Clarke, Dallas v State of New South Wales [2013] NSWSC 1436

Supreme Court New South Wales

Medium Neutral Citation: Clarke, Dallas v State of New South Wales [2013] NSWSC 1436 Hearing dates: 24/09/2013 Decision date: 02 October 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) Proceedings 2013/111053 Dallas Clarke v State of New South Wales are dismissed. (2) The causes of action of malicious prosecution and wrongful arrest are to be pleaded in one amended statement of claim, in proceedings 2013/111083 Dallas Clarke v State of New South Wales, such amended statement of claim is to be filed and served on or before 5.00 pm on 6 November 2013. (3) Proceedings 2013/111036 Dallas Clarke v State of New South Wales are dismissed. (4) The plaintiff is to pay the defendant's costs as agreed or assessed. The Court determines that: (5) In the interests of the administration of justice Mr Dallas Clarke be referred to a Registrar for referral to a barrister or solicitor for legal assistance in redrafting his amended statement of claim in 2013/111083 Dallas Clarke v State of New South Wales. Catchwords: TORTS - conspiracy by unlawful means - where plaintiff arrested and charged - charges dismissed by magistrate - whether plaintiff established elements of tort of conspiracy JUDICAL IMMUNITY - whether magistrate is entitled to judicial immunity PROCEDURE - application for joinder on the basis of similar factual circumstances and common parties - dismissal of proceedings Legislation Cited: Uniform Civil Procedure Rules 2005 Judicial Officers Act 1986 Law Reform (Vicarious Liability) Act 1983 Cases Cited: D'Orta-ekenaike v Victoria Legal Aid (2005) 223 CLR 1 Fatimi Pty Ltd v Bryant (2004) 59 NSWLR 678 Fingleton v The Queen (2005) 227 CLR 166 Gold Coast City Council v Pioneer Concrete (Qld) Pty Ltd (1998) 157 ALR 135 McKernan v Fraser (1931) 46 CLR 343 Munnings v Australian Government Solicitor (1994) 118 ALR 385 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71 Public Trustee v Gittoes aka Caldar [2005] NSWSC 373 Spencer v Commonwealth [2010] HCA 28; (2010) 241 CLR 118 Williams v Henry (1959) 103 CLR 30 Category: Interlocutory applications Parties: Dallas Clarke (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: R Lee (Defendant) Solicitors: D Clarke (Plaintiff in person) Crown Solicitor (Defendant) File Number(s): 2013/111036, 2013/111053, 2013/111083 Publication restriction: Nil