Clark v State of New South Wales [2018] NSWSC 83

Supreme Court New South Wales

Medium Neutral Citation: Clark v State of New South Wales [2018] NSWSC 83 Hearing dates: On the papers Date of orders: 09 February 2018 Decision date: 09 February 2018 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1. The plaintiff's "application" filed 11 October 2017, and notice of motion filed 27 October 2017, be dismissed;

2. The plaintiff pay the costs of the "application" filed 11 October 2017 and the notice of motion filed 27 October 2017. Catchwords: Leave to reopen – previous judgment refused leave under the Felons (Civil Proceedings) Act 1981 – no question of principle Legislation Cited: Civil Procedure Act 2005 Felons (Civil Proceedings) Act 1981 Uniform Civil Procedure Rules, rr 36.15, 36.16, 36.17, 36.18, 18.2 Cases Cited: AT v Commissioner of Police (NSW) (No 2) [2010] NSWCA 337 Autodesk Inc v Dyason (No 2) [1993] HCA 6; 176 CLR 300 Beckett v State of New South Wales [2013] HCA 17 Clark v State of New South Wales [2010] NSWSC 522 Clark v State of New South Wales; Clark v Robards [2014] NSWSC 742 Clark v State of NSW [2017] NSWSC 1414 Roads and Traffic Authority of NSW v Refrigerated Roadways Pty Ltd (No 2) [2009] NSWCA 336 Category: Consequential orders (other than Costs) Parties: Peter Frederick Clark (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: In person (Plaintiff) A Williams (Defendant)