Potier v Attorney General in and for the State of New South Wales [2015] NSWCA 129

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Potier v Attorney General in and for the State of New South Wales [2015] NSWCA 129 Hearing dates: 25 March 2015 Decision date: 13 May 2015 Before: Basten JA at [1]; Meagher JA at [31]; Leeming JA at [35] Decision: (1) Grant leave to rely on the Further Amended Summons dated 2 April 2015.

(2) Grant leave to appeal and, to the extent necessary, leave to proceed under the Felons Act.

(3) Dispense with the requirements of filing and service of the notice of appeal.

(4) Appeal allowed in part.

(5) Set aside order 1 made on 25 February 2014.

(6) Vary order 2 made on 25 February 2014 by adding the words "and any application under Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW)" so that it reads:

"That, pursuant to section 8(7)(a) of the Vexatious Proceedings Act, any proceedings already instituted by the defendant in New South Wales except his appeal proceedings pending in the New South Wales Court of Criminal Appeal numbered 2005/14700 and any interlocutory proceedings in that appeal and any application under Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) be stayed." Catchwords: PRACTICE AND PROCEDURE – vexatious proceedings orders – whether available with respect to a person subject to the Felons (Civil Proceedings) Act 1981 (NSW) – whether application for leave under Felons Act could require leave under Vexatious Proceedings Act 2008 (NSW)

PRACTICE AND PROCEDURE – person in custody in relation to a serious indictable offence – application of requirement for leave with respect to all such persons – operation of Felons (Civil Proceedings) Act 1981 (NSW), s 4