Clark v State of NSW [2017] NSWSC 1414

Supreme Court New South Wales

Medium Neutral Citation: Clark v State of NSW [2017] NSWSC 1414 Hearing dates: 10 October 2017 Date of orders: 10 October 2017 Decision date: 10 October 2017 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The plaintiff is to file and serve a statement of claim within 28 days that gives effect to these reasons and specifically that only pleads the facts, matters, circumstances and causes of action referred to in paragraphs 4, 5, 6, 9, 10 to12 and 13 to 21 of his proposed Third Further Amended Statement of Claim. (2) On or before 10 December 2017, the defendant is to file and serve an affidavit setting out the enquiries made of the whereabouts of the material referred to in paragraph 3 of the plaintiff's notice of motion dated 18 August 2017 so far as that is known and, to the extent that material has been located, whether it contains materials that relate to the charging and prosecution of the plaintiff for the offence of using false instruments laid on 21 February 2000 and perverting the course of justice laid on 29 February 2000. (3) On or before 10 December 2017, the defendant provide discovery in accordance with the Uniform Civil Procedure Rules of the police files and the files of the Office of Director of Public Prosecutions in relation to the charging, prosecution and any appeal from a conviction of the plaintiff on the following charges: (i) seven counts of making and/or using false instruments laid on 21 February 2000; and (ii) one count of pervert the course of justice laid on 29 February 2000. (4) On or before 10 December 2017, the defendant provide discovery in accordance with the Uniform Civil Procedure Rules of any correspondence between the plaintiff and the police officer in charge of the Manning Great Lakes Area Command between 10 June 1997 and 31 December 2000. (5) On or before 10 December 2017, the defendant provide to the plaintiff copies of any previous requests made for further and better particulars of any statement of claim in these proceedings and any response to that request. (6) The notice of motion filed 18 August 2017 is otherwise dismissed. (7) Proceedings adjourned to a directions hearing before the Registrar by telephone at 11am on 21 November 2017. (8) The plaintiff to pay the costs of the notice of motion filed 18 August 2017. Catchwords: PRACTICE AND PROCEDURE – malicious prosecution – old proceedings – application to amend – previous proceedings dismissed for want of prosecution – plaintiff seeks to include causes of action pleaded in previous proceedings – abuse of process – application for pro bono referral – plaintiff convicted of pervert course of justice – inappropriate for pro bono referral – access to documents Legislation Cited: Felons (Civil Proceedings) Act 1981 Civil Procedure Act 2005 Law Enforcement Powers and Responsibilities Act 2002 Limitation Act 1969 Uniform Civil Procedure Rules 2005 Victims Rights and Support Act 2013 Cases Cited: Clark v Robards [2010] NSWSC 522 Clark v Robards [2016] NSWCA 187 Clark v Robards (No 2) [2016] NSWCA 249 Clark v Robards (No 3) [2016] NSWCA 354 Clark v State of New South Wales [2012] NSWCA 139 Clark v State of NSW; Clark v Robards & Ors [2014] NSWSC 742 Clark v State of New South Wales [2016] NSWSC 808 PFC v State of New South Wales & Anor [2016] NSWSC 1507 Re Application of Potier [2012] NSWCA 222 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2007] HCA 27 Category: Procedural and other rulings Parties: Peter Frederick Clark (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Plaintiff in person Mr A N Williams (Defendant)