Evans v State of New South Wales [2022] NSWSC 244

Evans v State of New South Wales [2022] NSWSC 244

Because the plaintiff was in custody when the proceedings were instituted, leave was required under s 4 of the Felons (Civil Proceedings) Act 1981 (NSW). The Court was satisfied under s 5 that the proceedings were not an abuse of process and that there were prima facie grounds for the proceedings, and the defendant...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 March 2022
Procedural Posture
Application for Leave to Institute Civil Proceedings Under the Felons (civil Proceedings) Act 1981 (nsw) / Leave Sought Subsequent to Commencement of Proceedings, Nunc Pro Tunc
Outcome
Leave granted to the plaintiff to institute proceedings against the defendant nunc pro tunc; each party to pay their own costs.
Legal Topics
['commencement of Proceedings' 'leave to Commence Action' 'felons (civil Proceedings) Act 1981 (nsw)' 'nunc Pro Tunc Leave']
['civil Procedure'] ['commencement of Proceedings' 'leave to Commence Action' 'felons (civil Proceedings) Act 1981 (nsw)' 'nunc Pro Tunc Leave']

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Procedural Posture

Application for Leave to Institute Civil Proceedings Under the Felons (civil Proceedings) Act 1981 (nsw) / Leave Sought Subsequent to Commencement of Proceedings, Nunc Pro Tunc

Legal Issues

  1. 1 ['Whether leave should be granted to the plaintiff to institute proceedings against the defendant under ss 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW).' 'Whether leave could be granted nunc pro tunc after proceedings had already been instituted.' 'Whether the proceedings were not an abuse of process and had prima facie grounds.']

Ratio Decidendi

Because the plaintiff was in custody when the proceedings were instituted, leave was required under s 4 of the Felons (Civil Proceedings) Act 1981 (NSW). The Court was satisfied under s 5 that the proceedings were not an abuse of process and that there were prima facie grounds for the proceedings, and the defendant did not contest the orders. Leave was therefore granted nunc pro tunc.

Court Disposition

Leave granted to the plaintiff to institute proceedings against the defendant nunc pro tunc; each party to pay their own costs.

Orders

  • ['Leave granted to the plaintiff to institute proceedings against the defendant nunc pro tunc pursuant to ss 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW).' 'Each party to pay their own costs.']