Application of PFC [2016] NSWCA 102

Application of PFC [2016] NSWCA 102

Leave to appeal was refused because the applicant failed to establish prima facie grounds for any proposed cause of action. The issues relating to his conviction had already been litigated and any attempt to challenge the conviction through civil proceedings amounted to an abuse of process. There was no error in the primary judge's refusal to conduct a further inquiry or in considering the legal issues in the application for leave.

Jurisdiction
Australia
Judgment Date
11 May 2016
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal Dismissed
Outcome
Summons seeking leave to appeal dismissed
Legal Topics
['felons (civil Proceedings) Act 1981 (nsw)' 'leave to Institute Civil Proceedings' 'abuse of Process' 'prima Facie Case' 'false Imprisonment' 'malicious Prosecution' 'deceit' 'negligence']
['civil Procedure' 'torts' 'criminal Law'] ['felons (civil Proceedings) Act 1981 (nsw)' 'leave to Institute Civil Proceedings' 'abuse of Process' 'prima Facie Case' 'false Imprisonment' 'malicious Prosecution' 'deceit' 'negligence']

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Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal Dismissed

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to appeal against refusal of leave to institute civil proceedings under the Felons (Civil Proceedings) Act 1981 (NSW)' 'Whether the proceedings sought to be commenced disclosed prima facie grounds' 'Whether prior issues concerning conviction could be re-litigated in civil proceedings' 'Whether refusal to conduct an inquiry under the Crimes (Appeal and Review) Act 2001 (NSW) amounted to an error']

Ratio Decidendi

Leave to appeal was refused because the applicant failed to establish prima facie grounds for any proposed cause of action. The issues relating to his conviction had already been litigated and any attempt to challenge the conviction through civil proceedings amounted to an abuse of process. There was no error in the primary judge's refusal to conduct a further inquiry or in considering the legal issues in the application for leave.

Court Disposition

Summons seeking leave to appeal dismissed

Orders

  • ['Leave to appeal refused' 'No order for costs' 'No pro bono referral made']