The Court of Criminal Appeal dismissed Mr Clark's third application under r 50C of the Criminal Appeal Rules to set aside the orders in Clark v R [2021] NSWCCA 8, holding that the application was vexatious for the same reasons given in the two prior refusals (Clark v R (No 2) and Clark v R (No 3)). The decision confirms that repeated applications to set aside the same judgment on the same basis will be treated as vexatious and summarily refused.
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