Hillier v State of New South Wales [2018] NSWSC 1533

Hillier v State of New South Wales [2018] NSWSC 1533

Because the plaintiff was in custody after conviction for a serious indictable offence, leave under the Felons (Civil Proceedings) Act 1981 (NSW) was required; the Court could grant such leave nunc pro tunc, and the affidavit and psychological report satisfied the Court that the proceedings were not an abuse of process and disclosed a prima facie case against the State of New South Wales.

Jurisdiction
Australia
Judgment Date
11 October 2018
Procedural Posture
Application for Leave to Institute Civil Proceedings Under the Felons (civil Proceedings) Act 1981 (nsw) / Leave Sought Nunc Pro Tunc After Proceedings Were Commenced
Outcome
Leave granted nunc pro tunc.
Legal Topics
['commencement of Proceedings' 'leave to Commence Action' 'felons (civil Proceedings) Act 1981 (nsw)' 'serious Indictable Offence' 'prima Facie Case' 'abuse of Process']
['civil Procedure'] ['commencement of Proceedings' 'leave to Commence Action' 'felons (civil Proceedings) Act 1981 (nsw)' 'serious Indictable Offence' 'prima Facie Case' 'abuse of Process']

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Procedural Posture

Application for Leave to Institute Civil Proceedings Under the Felons (civil Proceedings) Act 1981 (nsw) / Leave Sought Nunc Pro Tunc After Proceedings Were Commenced

Legal Issues

  1. 1 ['Whether the plaintiff, being in custody following conviction for a serious indictable offence, required leave under the Felons (Civil Proceedings) Act 1981 (NSW) to institute the civil proceedings.' 'Whether leave under s. 4 of the Felons (Civil Proceedings) Act 1981 (NSW) could be granted nunc pro tunc after proceedings had already been commenced.' 'Whether the proceedings were not an abuse of process and disclosed a prima facie ground for the proceedings under s. 5 of the Felons (Civil Proceedings) Act 1981 (NSW).']

Ratio Decidendi

Because the plaintiff was in custody after conviction for a serious indictable offence, leave under the Felons (Civil Proceedings) Act 1981 (NSW) was required; the Court could grant such leave nunc pro tunc, and the affidavit and psychological report satisfied the Court that the proceedings were not an abuse of process and disclosed a prima facie case against the State of New South Wales.

Court Disposition

Leave granted nunc pro tunc.

Orders

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