Clark v State of New South Wales; The Commissioner of Corrective Services v Clark [2016] NSWSC 157

Supreme Court New South Wales

Medium Neutral Citation: Clark v State of New South Wales; The Commissioner of Corrective Services v Clark [2016] NSWSC 157 Hearing dates: 4 February 2016 Decision date: 04 February 2016 Jurisdiction: Common Law Before: Adams J Decision: Orders made by Adams J in the following terms:

1. Leave to amend summons granted.

2. Paragraphs 1 to 8 of the amended summons claiming relief struck out.

3. The relief sought in paragraph 9 of the amended summons to be treated as a particular in a statement of a claim.

4. The Commissioner of Corrective Services NSW to seek further and better particulars on or before 25 February 2016.

5. The plaintiff to answer the request for further and better particulars on or before 10 March 2016.

6. The Commissioner of Corrective Services NSW to file a defence on or before 24 March 2016.

7. The matter is listed before the Registrar for directions on 29 March 2016 and a section 77 order for the plaintiff to appear by telephone.

8. Leave to apply on 3 days' notice.

9. The plaintiff to pay the costs of the motion of the third defendant. Legislation Cited: Felons (Civil Proceedings) Act 1981 (NSW) 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 NSW (third defendant) Department of Corrective Services NSW (fourth defendant) Representation: Counsel: Self-represented (plaintiff) A N Williams (third defendant)