Clark v The Queen (No 4)

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.