Clark v R (No 3) [2021] NSWCCA 64

Clark v R (No 3) [2021] NSWCCA 64

Having considered the application on the papers, the Court was not satisfied that the notice of motion dated 1 April 2021 raised any issue warranting leave. Having regard to the Court's reasoning in the earlier 2021 judgments, the present application was once again simply vexatious, so leave was refused and the notice of motion dismissed.

Jurisdiction
Australia
Judgment Date
12 April 2021
Procedural Posture
Criminal Appeal Application / Leave to Apply to Set Aside Orders Under R 50 C of the Criminal Appeal Rules (nsw), Determined on the Papers
Outcome
Leave refused; notice of motion dismissed.
Legal Topics
['leave to Apply to Set Aside Judgments and Orders' 'jurisdiction to Reconsider Appeal' 'vexatious Application' 'finality of Litigation' 'criminal Appeal Rules (nsw), R 50 C']
['crime' 'criminal Procedure' 'appeals'] ['leave to Apply to Set Aside Judgments and Orders' 'jurisdiction to Reconsider Appeal' 'vexatious Application' 'finality of Litigation' 'criminal Appeal Rules (nsw), R 50 C']

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Procedural Posture

Criminal Appeal Application / Leave to Apply to Set Aside Orders Under R 50 C of the Criminal Appeal Rules (nsw), Determined on the Papers

Legal Issues

  1. 1 ['Whether leave should be granted under r 50C of the Criminal Appeal Rules (NSW) to apply to set aside orders made in Clark v R (No 2) [2021] NSWCCA 48.' 'Whether the notice of motion dated 1 April 2021 raised any issue warranting leave.' 'Whether the application was vexatious.']

Ratio Decidendi

Having considered the application on the papers, the Court was not satisfied that the notice of motion dated 1 April 2021 raised any issue warranting leave. Having regard to the Court's reasoning in the earlier 2021 judgments, the present application was once again simply vexatious, so leave was refused and the notice of motion dismissed.

Court Disposition

Leave refused; notice of motion dismissed.

Orders

  • ['Leave to apply to set aside the orders of the Court under r 50C of the Criminal Appeal Rules is refused.' 'The notice of motion dated 1 April 2021 is dismissed.']