Clarkson v Commissioner of Corrective Services, New South Wales

Clarkson (the applicant) sought to challenge a decision of the Commissioner of Corrective Services, New South Wales (the respondent). The dispute concerned the applicant's contention that the execution of a judgment against him should have been stayed under section 72 of the *Judiciary Act 1903* (Cth). The matter came before the Court of Appeal of New South Wales by way of a stated case.

The primary legal issue before the Court of Appeal was whether the trial judge had erred in failing to respite the execution of the judgment pursuant to section 72 of the *Judiciary Act 1903* (Cth). A related issue was whether the applicant had, by his conduct, waived his right to the operation of that Act.

The Court of Appeal determined that the applicant had not established that the trial judge had erred. Their Honours reasoned that the applicant's actions and submissions at the original hearing indicated a clear intention to proceed with the matter without recourse to the protections afforded by section 72 of the *Judiciary Act 1903* (Cth). Consequently, the applicant was found to have waived his right to rely on the Act.

The Court of Appeal dismissed the application to show cause and summons, as well as the application for prerogative relief. The questions posed in the stated case were answered in the negative.