Clark v Robards (No 2)

The applicant, Clark, sought leave to appeal from a judgment of Hidden J delivered on 17 June 2014. The application was made pursuant to the *Felons (Civil Proceedings) Act 1981* (NSW). The respondent was Robards.

The primary legal issue before the Court of Appeal was whether leave should be granted to commence proceedings for leave to appeal, and to the extent granted, to commence an appeal from the primary judge's decision. This involved considering whether the primary judge's order was based on a misunderstanding or was ambiguous, as argued by the applicant.

The Court of Appeal, comprising Beazley P and Basten JA, granted the applicant leave to commence proceedings for leave to appeal and, to the extent leave was granted, to commence an appeal from the judgment of Hidden J. The Court's reasoning, though not detailed in the provided text, indicates that it was satisfied that the criteria for granting such leave under the *Felons (Civil Proceedings) Act 1981* were met, likely due to the applicant demonstrating a sufficient basis for questioning the primary judge's order.

The Court ordered that the applicant be granted leave to commence proceedings for leave to appeal and, to the extent leave had been granted, to commence an appeal from the judgment of Hidden J. The remaining motions were dismissed, and the costs of the motions were to be costs in the appeal.