Application of Malcolm Huntley Potier [2012] NSWCA 222

Application of Malcolm Huntley Potier [2012] NSWCA 222

Leave to appeal was refused because none of the four sets of proposed proceedings had any prima facie ground; all claims were hopeless due to the operation of advocates' immunity, statutory protections, absence of evidence of bad faith, and failure to identify a valid cause of action.

Parties
Applicant: Malcolm Huntley Potier
Jurisdiction
Australia
Judgment Date
25 July 2012
Procedural Posture
Application for Leave to Appeal / Court of Appeal Judgment
Outcome
Leave to appeal refused; leave to appear in person granted.
Legal Topics
Advocates' Immunity, Malicious Prosecution, Negligence, Prisoners' Civil Proceedings, Prosecutorial Duties, Leave to Commence Proceedings
Civil Procedure Tort Law Criminal Law Advocates' Immunity Malicious Prosecution Negligence Prisoners' Civil Proceedings Prosecutorial Duties +1 more

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Parties

Malcolm Huntley Potier

Applicant

Procedural Posture

Application for Leave to Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted for four proposed civil proceedings by a prisoner
  2. 2 Whether claims against Legal Aid Commission, prosecution, defence lawyers, and Commissioner of Corrective Services have prima facie grounds
  3. 3 Whether statutory immunity and finality doctrine bar the claims

Ratio Decidendi

Leave to appeal was refused because none of the four sets of proposed proceedings had any prima facie ground; all claims were hopeless due to the operation of advocates' immunity, statutory protections, absence of evidence of bad faith, and failure to identify a valid cause of action.

Court Disposition

Leave to appeal refused; leave to appear in person granted.

Orders

  • In respect of each of the four proceedings, the applicant be granted leave to appear in person.
  • In respect of each of the four proceedings the subject of the orders refusing leave to commence proceedings made by RS Hulme J on 9 March 2010, refuse leave to appeal.