Clark v Robards (No 2) [2015] NSWCA 190

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clark v Robards (No 2) [2015] NSWCA 190 Hearing dates: On the papers Decision date: 08 July 2015 Before: Beazley P at [1]; Basten JA at [2] Decision: (1) Grant the applicant leave to commence proceedings for leave to appeal and, to the extent leave has been granted, to commence an appeal in this Court from the judgment of Hidden J given on 17 June 2014, pursuant to the Felons (Civil Proceedings) Act 1981.

(2) Otherwise dismiss the motions.

(3) The costs of the motions to be costs in the appeal. Catchwords: PRACTICE and PROCEDURE - application for leave to appeal - reopening application - whether order based on misunderstanding - whether order ambiguous - grant of leave under Felons (Civil Proceedings) Act 1981 (NSW) Legislation Cited: Felons (Civil Proceedings) Act 1981 (NSW) Limitation Act 1969 (NSW), s 50F Uniform Civil Procedure Rules 2005 (NSW), r 12.7 Cases Cited: Clark v Robards [2015] NSWCA 140 Potier v Attorney General in and for the State of New South Wales [2015] NSWCA 129 Category: Consequential orders (other than Costs) Parties: Peter Frederick Clark (Applicant) Timothy Neil Robards (First Respondent) Terrence Lloyd Robards (Second Respondent) State of New South Wales (Third Respondent) Representation: Counsel: Applicant self-represented Mr A N Williams (Third Respondent)

Solicitors: Applicant self-represented R Kelly – Acting Crown Solicitor (Third Respondent) File Number(s): CA 2014/164527 Decision under appeal Court or tribunal: Supreme Court Citation: Clark v State of New South Wales; Clark v Robards & Ors [2014] NSWSC 742 Date of Decision: 17 June 2014 Before: Hidden J File Number(s): 2002/69098; 2005/269279