Clark v State of New South Wales (No 2) [2016] NSWSC 1443

Supreme Court New South Wales

Medium Neutral Citation: Clark v State of New South Wales (No 2) [2016] NSWSC 1443 Hearing dates: Written submissions dated 23 June 2016, 27 June 2016, 30 June 2016, 8 July 2016 and 30 September 2016 Date of orders: 12 October 2016 Decision date: 12 October 2016 Jurisdiction: Common Law Before: Schmidt J Decision: Mr Clark is to bear the other parties' costs, as agreed or assessed, in respect of MFI 4 and MFI 6 and the State is to bear the disbursements he incurred in connection with his pursuit of MFI 5. Catchwords: PROCEDURE – costs – no good reason for departing from the general rule – orders made

PROCEDURE – Judgments and orders – application to reopen judgment as to alleged error – no error established Legislation Cited: Felons (Civil Proceedings) Act 1981 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Clark v Robards [2010] NSWSC 522 Clark v Robards [2014] NSWSC 742 Clark v Robards [2015] NSWCA 140 Clark v State of New South Wales [2015] NSWSC 246 Clark v State of New South Wales and others [2016] NSWSC 808 Category: Costs Parties: Peter Frederick Clark (Plaintiff) State of New South Wales (First Defendant) Attorney General of New South Wales (Second Defendant) The Commissioner of Corrective Services New South Wales (Third Defendant) The Department of Corrective Services New South Wales (Fourth Defendant) The GEO Group Pty Limited (Parklea Correctional Centre) (Fifth Defendant) Timothy Neil Robards (Sixth Defendant) Voros Lawyers Pty Ltd (Seventh Defendant) Theo Voros (Eighth Defendant) Daniel Roff (Ninth Defendant) Robert Webb (Tenth Defendant) Representation: Counsel: Mr A N Williams (First Defendant) Mr N Kabilafkas (Seventh and Eighth Defendants)