Clark v State of New South Wales [2018] NSWSC 450

Supreme Court New South Wales

Medium Neutral Citation: Clark v State of New South Wales [2018] NSWSC 450 Hearing dates: 12 April 2018 Date of orders: 12 April 2018 Decision date: 12 April 2018 Jurisdiction: Common Law Before: Campbell J Decision: (1) The Notice of Motion propounded on 31 January 2018 is dismissed; (2) The applicant is to file an amended Statement of Claim conforming to the orders made by Justice Schmidt on 20 June 2016 by 4 June 2018; (3) The applicant is to pay the costs of each respondent of the motion including the costs referrable to its earlier iteration of the 29 November 2017. Catchwords: CIVIL PROCEDURE – Interlocutory applications - referral for pro bono representation - Bar Association and Law Society Referral Scheme - previous representation - amicus curiae - failure to conform with orders - Statement of Claim - dismissed - stay of proceedings - inherent power - prejudicial effect - dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 67; Felons (Civil Proceedings) Act 1981 (NSW); Limitation Act 1969 (NSW) ss 50F, 52; Uniform Civil Procedure Rules (2005) Cases Cited: Batistatos v Roads and Traffic Authority of NSW (2006) 226 CLR 256; [2006] HCA 27; Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25; Clark v State of New South Wales [2006] NSWSC 673; Clark v Robards (No 2) [2016] NSWCA 249; Clark v State of New South Wales [2012] NSWCA 139; Clark v State of New South Wales; Clark v Robards [2014] NSWSC 272; Dietrich v The Queen (1992) 177 CLR 292; [1992] HCA 57 Texts Cited: Nil Category: Principal judgment Parties: Applicant (Self-represented) State of New South Wales (First Respondent) Commissioner for Corrective Services New South Wales (Second Respondent) The GEO Group Australia Pty Ltd (Third Respondent) Representation: Counsel: A N Williams (First and Second Respondents) J K Raftery (Third Respondent)