Clark v Commissioner for Corrective Services (No 2)

In *Clark v Commissioner for Corrective Services (No 2)*, the applicant, Mr Clark, sought to reopen an appeal that had previously been dismissed by the Court of Appeal of New South Wales. The application concerned whether the court had made an error in its previous determination, specifically in relation to its apprehension of facts pertaining to purported discrimination.

The central legal issue before the court was whether it should exercise its discretion to reopen the appeal. This required the court to consider whether a significant error had been made in the original hearing, particularly concerning the factual basis upon which the discrimination claim was assessed. The court also had to determine the appropriate order for the costs of the present application.

The court reasoned that the threshold for reopening an appeal was a high one, requiring demonstration of a substantial error. Upon reviewing the material, the court found no such error had been made. The previous decision had correctly applied the relevant legal principles to the facts as understood by the court at that time, and there was no misapprehension of facts that would warrant a reopening of the appeal.

Consequently, the notice of motion filed by the applicant on 22 August 2016 was dismissed.