Roberts v State of New South Wales

In the matter of Roberts v State of New South Wales, the plaintiff sought leave to commence proceedings as a person in custody. The plaintiff was convicted of a serious indictable offence and was in custody at the time the application was made. The case was heard in the Supreme Court of New South Wales.

The legal issues before the court were whether the plaintiff's application for leave nunc pro tunc to commence proceedings as a person in custody was appropriate and whether the application was supported by expert evidence. The court had to consider the provisions of the Civil Procedure Act 2005 (NSW) and relevant case law to determine the appropriate course of action.

The court found that the plaintiff's application was supported by expert evidence and that the leave nunc pro tunc was appropriate in the circumstances. The court noted that the plaintiff had demonstrated a genuine intention to pursue the proceedings and that the delay in filing the application was not due to any fault on the part of the plaintiff. The court also considered the potential impact of the proceedings on the plaintiff's criminal trial and found that it was not sufficient to warrant denying the application.

The court granted the plaintiff leave to commence proceedings as a person in custody, subject to certain conditions. The court also ordered that the proceedings be stayed pending the outcome of the plaintiff's criminal trial.