Clark v The State of New South Wales (No 2) [2015] NSWSC 347

Supreme Court New South Wales

Medium Neutral Citation: Clark v The State of New South Wales (No 2) [2015] NSWSC 347 Hearing dates: 27 March 2015 Date of orders: 27 March 2015 Decision date: 27 March 2015 Jurisdiction: Common Law Before: Hamill J Decision: Application set aside, vary or re-open is dismissed. Catchwords: CIVIL LAW – application to re-open case – plaintiff in custody – application foreshadowed before judgment read – previous application to re-open case prior to delivery of judgment – previous application granted – submissions received and considered before judgment delivered – application to re-open after judgment brought under wrong provision – treated as application under rule 36.16 UCPR – power to be used sparingly – finality of litigation – backdoor method to re-argue case – application dismissed Legislation Cited: Autodesk Inc v Dyason (No 2) [1993] HCA 6; 176 CLR 300 Clark v the State of New South Wales [2015] NSWSC 246 Elliott v The Queen [2007] HCA 51 Wentworth v Rogers (No 9) (1987) 8 NSWLR 388 Cases Cited: Criminal Appeal Rules (NSW) Uniform Civil Procedure Rules NSW (2005) Category: Procedural and other rulings Parties: Peter Frederick Clark (Plaintiff) State of New South Wales (First Defendant) Attorney General of New South Wales (Second Defendant) Commissioner of Corrective Services (Third Defendant) Department of Corrective Services (Fourth Defendant) The GEO Group Australia Pty Ltd (Parklea Correctional Centre (Fifth Defendant) Representation: Counsel: Plaintiff – In person Third Defendant – A N Williams