Andrews v State of Queensland [2022] NSWSC 889

The plaintiff, being convicted of a serious indictable offence and currently incarcerated, established via affidavit material that the proceedings have prima facie merit and are not an abuse of process. Leave was therefore granted nunc pro tunc to commence proceedings.

Jurisdiction: Australia
Judgment Date: 14 June 2022
Procedural Posture: Civil / Application for Leave to Commence Proceedings
Outcome: Leave granted nunc pro tunc; each party to bear their own costs of the notice of motion.
Legal Topics: ['leave to Commence Proceedings' 'felons (civil Proceedings) Act' 'plaintiff in Custody' 'sexual Abuse Allegations']

['civil Procedure'] ['leave to Commence Proceedings' 'felons (civil Proceedings) Act' 'plaintiff in Custody' 'sexual Abuse Allegations']

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Procedural Posture

Civil / Application for Leave to Commence Proceedings

Legal Issues

1 ['Whether the plaintiff should be granted leave nunc pro tunc to commence civil proceedings under ss 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW)']

Ratio Decidendi

Court Disposition

Leave granted nunc pro tunc; each party to bear their own costs of the notice of motion.

Orders

['The plaintiff is granted leave nunc pro tunc pursuant to ss 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW) to institute proceedings against the defendant in the form contained in the statement of claim filed on 2 May 2022.' 'Each party is to bear their own costs of the notice of motion.']