Millar v State of New South Wales [2018] NSWSC 1534

Millar v State of New South Wales [2018] NSWSC 1534

Material before the court, including medical evidence, establishes a prima facie case that is not an abuse of process; therefore, the requirements for leave under the Felons (Civil Proceedings) Act 1981 (NSW) are satisfied and leave should be granted nunc pro tunc.

Jurisdiction
Australia
Judgment Date
12 October 2018
Procedural Posture
Application for Leave to Commence Civil Proceedings While Incarcerated / Interlocutory (application for Leave to Proceed)
Outcome
Leave granted nunc pro tunc for the plaintiff to institute proceedings against the defendant under ss 4 and 5 Felons (Civil Proceedings) Act 1981 (NSW).
Legal Topics
['leave to Commence Action' 'felons (civil Proceedings) Act 1981' 'abuse in Custody' 'damages for Mental Harm']
['civil Procedure'] ['leave to Commence Action' 'felons (civil Proceedings) Act 1981' 'abuse in Custody' 'damages for Mental Harm']

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Procedural Posture

Application for Leave to Commence Civil Proceedings While Incarcerated / Interlocutory (application for Leave to Proceed)

Legal Issues

  1. 1 ['Whether leave should be granted under s 4 of the Felons (Civil Proceedings) Act 1981 (NSW) to commence civil proceedings by an incarcerated person' 'Whether there is a prima facie case as required under s 5 of the Act']

Ratio Decidendi

Material before the court, including medical evidence, establishes a prima facie case that is not an abuse of process; therefore, the requirements for leave under the Felons (Civil Proceedings) Act 1981 (NSW) are satisfied and leave should be granted nunc pro tunc.

Court Disposition

Leave granted nunc pro tunc for the plaintiff to institute proceedings against the defendant under ss 4 and 5 Felons (Civil Proceedings) Act 1981 (NSW).

Orders

  • ['The plaintiff is granted leave nunc pro tunc under ss 4 and 5 Felons (Civil Proceedings) Act 1981 (NSW) to institute proceedings against the defendant.']