Clark v State of New South Wales; The Commissioner of Corrective Services v Clark [2016] NSWSC 157

Clark v State of New South Wales; The Commissioner of Corrective Services v Clark [2016] NSWSC 157

The claims concerning charges for printing, photocopying and folders and the loss of computer classroom access substantially duplicated relief and allegations already being litigated in related Felons (Civil Proceedings) Act 1981 (NSW) proceedings, with no significant difference in supporting material, so those parts of the amended summons were an abuse of process and had to be struck out. The shower-use claim, although supported by exiguous and poorly articulated material, was sufficiently clear for present purposes and was not pressed by the Commissioner as liable to be struck out, so it was allowed to proceed subject to particulars and a defence.

Jurisdiction
Australia
Judgment Date
04 February 2016
Procedural Posture
Common Law Proceeding Concerning Prisoner Access to Courts and Administrative Decisions by Corrective Services Officers / Procedural Ruling on Amended Summons and Third Defendant's Motion to Strike Out Relief
Outcome
Leave to amend the summons was granted; paragraphs 1 to 8 of the amended summons claiming relief were struck out; the remaining shower-use claim was allowed to proceed as a particular in a statement of claim; directions were made for particulars, defence and further listing; the plaintiff was ordered to pay the...
Legal Topics
['prisoner Access to Courts' 'supervisory Jurisdiction' 'abuse of Process' 'strike Out' 'particulars' 'felons Civil Proceedings']
['administrative Law' 'prison Law' 'civil Procedure'] ['prisoner Access to Courts' 'supervisory Jurisdiction' 'abuse of Process' 'strike Out' 'particulars' 'felons Civil Proceedings']

Case Brief

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Procedural Posture

Common Law Proceeding Concerning Prisoner Access to Courts and Administrative Decisions by Corrective Services Officers / Procedural Ruling on Amended Summons and Third Defendant's Motion to Strike Out Relief

Legal Issues

  1. 1 ['Whether parts of the amended summons duplicated matters already being litigated in proceedings under the Felons (Civil Proceedings) Act 1981 (NSW) and should be struck out as an abuse of process.' "Whether the plaintiff's claim concerning limits on use of the shower in his cell should be struck out or left to trial." 'Whether the proceedings should continue by treating the remaining relief as a particular in a statement of claim with further and better particulars and a defence.']

Ratio Decidendi

The claims concerning charges for printing, photocopying and folders and the loss of computer classroom access substantially duplicated relief and allegations already being litigated in related Felons (Civil Proceedings) Act 1981 (NSW) proceedings, with no significant difference in supporting material, so those parts of the amended summons were an abuse of process and had to be struck out. The shower-use claim, although supported by exiguous and poorly articulated material, was sufficiently clear for present purposes and was not pressed by the Commissioner as liable to be struck out, so it was allowed to proceed subject to particulars and a defence.

Court Disposition

Leave to amend the summons was granted; paragraphs 1 to 8 of the amended summons claiming relief were struck out; the remaining shower-use claim was allowed to proceed as a particular in a statement of claim; directions were made for particulars, defence and further listing; the plaintiff was ordered to pay the...

Orders

  • ['Leave to amend summons granted.' 'Paragraphs 1 to 8 of the amended summons claiming relief struck out.' 'The relief sought in paragraph 9 of the amended summons to be treated as a particular in a statement of a claim.' 'The Commissioner of Corrective Services NSW to seek further and better particulars on or before...