Clark v State of New South Wales; Clark v Commissioner of Corrective Services NSW [2024] NSWSC 1328

Clark v State of New South Wales; Clark v Commissioner of Corrective Services NSW [2024] NSWSC 1328

None of the orders sought by the plaintiff were granted because his detention was justified by lawful court orders and bail refusals, all arguments concerning illegality, warrant or admissibility of evidence must be raised in the proper criminal forum, and no special, exceptional or extraordinary circumstances displaced the established principles against fragmentation of the criminal justice process or justified the extraordinary remedies sought.

Parties
Plaintiff: Peter Frederick Clark; Defendant/first Respondent: State of New South Wales; Second Respondent: Commissioner NSW Police Service; Third Respondent: Director of Public Prosecutions NSW; First Defendant (2024 Proceedings): Commissioner of Corrective Services New South Wales; Second Defendant (2024 Proceedings): Commissioner of Police Service New South Wales; Third Defendant (2024 Proceedings): Director of Public Prosecutions New South Wales
Jurisdiction
Australia
Judgment Date
22 October 2024
Procedural Posture
Civil and Related Applications in Ongoing and Collateral Criminal Matters / Notice of Motion and Amended Summons—interlocutory and Dispositive Applications
Outcome
Notice of motion and amended summons dismissed; plaintiff to pay costs; directions as to judgment distribution.
Legal Topics
Habeas Corpus, Stay of Proceedings, Notice to Produce, Fragmentation of Criminal Justice Process, Search Warrant, Custodial Proceedings
Administrative Law Civil Procedure Criminal Law Habeas Corpus Stay of Proceedings Notice to Produce Fragmentation of Criminal Justice Process Search Warrant +1 more

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Parties

Peter Frederick Clark

Plaintiff

State of New South Wales

Defendant/first Respondent

Commissioner NSW Police Service

Second Respondent

Director of Public Prosecutions NSW

Third Respondent

Commissioner of Corrective Services New South Wales

First Defendant (2024 Proceedings)

Commissioner of Police Service New South Wales

Second Defendant (2024 Proceedings)

Director of Public Prosecutions New South Wales

Third Defendant (2024 Proceedings)

Procedural Posture

Civil and Related Applications in Ongoing and Collateral Criminal Matters / Notice of Motion and Amended Summons—interlocutory and Dispositive Applications

Legal Issues

  1. 1 Whether a writ of habeas corpus should issue in respect of ongoing detention of the plaintiff
  2. 2 Whether a permanent stay, setting aside or dismissal of criminal proceedings in the Local or District Court should be granted
  3. 3 Whether the search warrant executed on 16 November 2023 should be set aside

Ratio Decidendi

None of the orders sought by the plaintiff were granted because his detention was justified by lawful court orders and bail refusals, all arguments concerning illegality, warrant or admissibility of evidence must be raised in the proper criminal forum, and no special, exceptional or extraordinary circumstances displaced the established principles against fragmentation of the criminal justice process or justified the extraordinary remedies sought.

Court Disposition

Notice of motion and amended summons dismissed; plaintiff to pay costs; directions as to judgment distribution.

Orders

  • Order that the plaintiff's notice of motion filed 23 July 2024 be dismissed.
  • Order that the plaintiff pay the respondents' costs of, and incidental to, the notice of motion.