PFC v State of New South Wales & Anor [2015] NSWSC 1507

Supreme Court New South Wales

Medium Neutral Citation: PFC v State of New South Wales & Anor [2015] NSWSC 1507 Hearing dates: 3 September 2015 Date of orders: 15 October 2015 Decision date: 15 October 2015 Jurisdiction: Common Law Before: Fagan J Decision: (1) The Summons is dismissed. (2) Any application by the Defendants for costs is to be made by filing within 14 days of publication of these reasons a Notice of Motion stating the amount of a specified gross sum claimed for costs and seeking an order under s 98(4)(c), Civil Procedure Act 2005 (NSW). (3) Any such Notice of Motion must be accompanied by an affidavit substantiating the amount of costs claimed and evidence that a copy of the Notice of Motion and of the supporting affidavit have been served upon the Plaintiff. (4) The Plaintiff may file any evidence in reply to such a costs application, on affidavit, and make any submission in response in writing, to be filed in the Registry within 28 days of publication of these reasons. (5) Any such Notice of Motion is to be dealt with on the papers. (6) On the ground that it is necessary to avoid causing undue distress or embarrassment to a witness who gave evidence in the trial of the Plaintiff in the District Court in May and June 2009 it is ordered that the Plaintiff be identified only as "PFC" in the title of this judgment and that any further particulars of his name be suppressed. Catchwords: PRACTICE AND PROCEDURE – notice of motion for expedition of proceedings – application for leave to sue by person convicted of serious indictable offence – whether proceedings would be an abuse of process – whether prima facie grounds for proceedings Legislation Cited: Civil Procedure Act 2005 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Criminal Appeal Rules (NSW) Felons (Civil Proceedings) Act 1981 (NSW) Interpretation Act 1987 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Hunter v Chief Constable of West Midlands [1982] AC 529 PFC v R (No. 2) [2014] NSWCCA 241 PFC v R [2011] NSWCCA 275 R v PFC [2011] NSWCCA 117 Reichel v Magrath (1889) 14 App Cas 665 Rippon v Chilcotin Pty Ltd [2001] NSWCA 142; (2001) 53 NSWLR 198 Rogers v The Queen (1994) 181 CLR 251 Walton v Gardiner (1993) 277 CLR 378 Category: Principal judgment Parties: PFC (Plaintiff) State of New South Wales (First Defendant) Director of Public Prosecutions New South Wales (Second Defendant) Representation: Counsel: Mr AN Williams (Defendant)