Potier v Director-General, Department of Justice & Attorney General

In *Potier v Director-General, Department of Justice & Attorney General*, the applicant, a prisoner, sought leave from the Court of Appeal of New South Wales to commence appellate and judicial review proceedings against the Director-General. The core of the dispute concerned the applicant's entitlement to initiate these proceedings while being a convicted prisoner.

The primary legal issue before the Court was whether the applicant had established a prima facie ground for the proposed appellate and judicial review proceedings, as required by the *Felons (Civil Proceedings) Act 1981* (NSW). This Act imposes restrictions on the ability of convicted prisoners to commence civil proceedings without the leave of the court.

Handley AJA considered the applicant's proposed grounds for appeal and judicial review and found them to be without merit. His Honour determined that the applicant had failed to demonstrate any arguable or substantial point of law or fact that would justify the granting of leave. Consequently, the Court concluded that the applicant had not met the threshold of establishing a prima facie ground for the proceedings.

The summonses seeking leave to commence the proceedings were dismissed.