Clark v The Queen (No 4)

Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Clark v R (No 4) [2021] NSWCCA 67
Hearing dates: On the papers
Date of orders: 14 April 2021
Decision date: 14 April 2021
Before: Payne JA; Johnson J; Wilson J
Decision:
(1) Leave to apply to set aside the orders of the Court under r 50C of the Criminal Appeal Rules is refused;
(2) The notice of motion dated 12 April 2021 is dismissed.

Catchwords:
CRIME – appeals – leave to apply to set aside judgments and orders – further vexatious application – no issue of principle

Legislation Cited:
Criminal Appeal Rules (NSW), r 50C

Cases Cited:
Clark v R [2021] NSWCCA 8
Clark v R (No 2) [2021] NSWCCA 48
Clark v R (No 3) [2021] NSWCCA 64

Category: Consequential orders
Parties: Peter Frederick Clark (Applicant)
Representation: Applicant in person

File Number(s): 2008/3811
Publication restriction: Nil.

Judgment

THE COURT: On 12 April 2021, Mr Clark filed a notice of motion seeking orders under r 50C of the Criminal Appeal Rules (NSW). This is the third application made by Mr Clark under r 50C of the Criminal Appeal Rules seeking, inter alia, orders setting aside the judgment in Clark v R [2021] NSWCCA 8.
For the reasons given in Clark v R(No 2) [2021] NSWCCA 48 and Clark v R (No 3) [2021] NSWCCA 64 the application is vexatious and must be dismissed. The orders of the Court are:

Leave to apply to set aside the orders of the Court under r 50C of the Criminal Appeal Rules is refused;

The notice of motion dated 12 April 2021 is dismissed.

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CaseChat Overview and Summary

The appellant, Clark, appealed against the refusal of the Court of Appeal to grant leave to apply to set aside judgments and orders. The Court of Appeal had previously dismissed Clark's appeal against his conviction and sentence, and his application for special leave to appeal to the High Court was dismissed. Clark sought leave to apply to set aside the judgments and orders of the Court of Appeal and the High Court. The application was dismissed as vexatious.

The legal issues before the Court were whether Clark's application was a further vexatious application and whether there was an issue of principle that required the Court to grant leave to apply to set aside the judgments and orders. The Court considered whether Clark's application was an abuse of process, whether it was frivolous or vexatious, and whether there was an issue of principle that required the Court to grant leave.

The Court held that Clark's application was a further vexatious application and that there was no issue of principle that required the Court to grant leave to apply to set aside the judgments and orders. The Court noted that Clark had made numerous previous applications to set aside judgments and orders, which had all been dismissed as frivolous or vexatious. The Court also noted that Clark had not identified any new evidence or argument that could potentially overturn the previous judgments and orders. The Court held that the application was an abuse of process and that there was no issue of principle that required the Court to grant leave.

The Court dismissed Clark's application and held that there were no orders to be made. The Court noted that Clark had a right to appeal against the Court of Appeal's decision to dismiss his appeal, but that the Court was not satisfied that there was any prospect of success in such an appeal. The Court held that the application was vexatious and that there was no issue of principle that required the Court to grant leave to apply to set aside the judgments and orders.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Clark v R (No 4) [2021] NSWCCA 67
Hearing dates:	On the papers
Date of orders:	14 April 2021
Decision date:	14 April 2021
Before:	Payne JA; Johnson J; Wilson J
Decision:	(1) Leave to apply to set aside the orders of the Court under r 50C of the Criminal Appeal Rules is refused; (2) The notice of motion dated 12 April 2021 is dismissed.
Catchwords:	CRIME – appeals – leave to apply to set aside judgments and orders – further vexatious application – no issue of principle
Legislation Cited:	Criminal Appeal Rules (NSW), r 50C
Cases Cited:	Clark v R [2021] NSWCCA 8 Clark v R (No 2) [2021] NSWCCA 48 Clark v R (No 3) [2021] NSWCCA 64
Category:	Consequential orders
Parties:	Peter Frederick Clark (Applicant)
Representation:	Applicant in person
File Number(s):	2008/3811
Publication restriction:	Nil.