Jacobs v State of Victoria [2022] NSWSC 748

Jacobs v State of Victoria [2022] NSWSC 748

Having perused the statement of claim, the plaintiff's evidentiary statement and an affidavit by his solicitor, the Court was satisfied that the requirements in ss 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW) were met, namely that the proceedings were not an abuse of process and that there was a prima facie ground for the proceedings, so retrospective leave was granted.

Jurisdiction
Australia
Judgment Date
07 June 2022
Procedural Posture
Civil Procedure; Application for Leave to Institute Proceedings / Motion for Retrospective Leave
Outcome
Leave granted retrospectively to the plaintiff to institute proceedings against the defendant pursuant to ss 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW).
Legal Topics
['commencement of Proceedings' 'leave to Commence Action' 'felons in Custody' 'retrospective Leave' 'abuse of Process' 'prima Facie Ground for Proceedings']
['civil Procedure'] ['commencement of Proceedings' 'leave to Commence Action' 'felons in Custody' 'retrospective Leave' 'abuse of Process' 'prima Facie Ground for Proceedings']

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Procedural Posture

Civil Procedure; Application for Leave to Institute Proceedings / Motion for Retrospective Leave

Legal Issues

  1. 1 ['Whether the plaintiff required leave to institute proceedings under s 4 of the Felons (Civil Proceedings) Act 1981 (NSW).' 'Whether leave should be granted under s 5 of the Felons (Civil Proceedings) Act 1981 (NSW) on the basis that the proceedings are not an abuse of process and there is a prima facie ground for the proceedings.' 'Whether leave could be granted retrospectively.']

Ratio Decidendi

Having perused the statement of claim, the plaintiff's evidentiary statement and an affidavit by his solicitor, the Court was satisfied that the requirements in ss 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW) were met, namely that the proceedings were not an abuse of process and that there was a prima facie ground for the proceedings, so retrospective leave was granted.

Court Disposition

Leave granted retrospectively to the plaintiff to institute proceedings against the defendant pursuant to ss 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW).

Orders

  • ['Leave granted retrospectively to the plaintiff to institute proceedings against the defendant pursuant to ss 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW).' 'The costs of the motion are costs in the cause.']