Clark v NSW

[2018] NSWCA 120

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Refusal of leave
4. › No issue of principle
5. › No arguable error in primary judge's reasoning
1. Practice and Procedure
2. › Amendment of pleadings
3. › Leave to amend statement of claim
4. › New causes of action substantially part of earlier dismissed proceedings
5. › Abuse of process
6. › Felons (Civil Proceedings) Act 1981 (NSW), ss 4, 5
1. Practice and Procedure
2. › Discovery
3. › Scope of discovery orders
4. › Whether primary judge erred in limiting discovery

Quick Take

Under the Felons (Civil Proceedings) Act 1981 (NSW), an incarcerated plaintiff seeking to add new causes of action by amendment bears the onus of demonstrating they are not an abuse of process and have a prima facie ground, and causes of action substantially duplicating those in earlier dismissed proceedings will ordinarily be refused as an abuse of process.