[2026] NSWSC 464

Mohmmad Khazma v State of New South Wales

(1) Pursuant to s 4 of the Felons (Civil Proceedings) Act 1981 (NSW), the plaintiff is granted leave to commence his civil proceedings in the Supreme Court of NSW. (2) The plaintiff is granted leave to file its Statement of Claim within 14 days under the same proceedings number. (3) The matter to be relisted before the Common Law Registrar in six weeks' time, being 16 June 2026. (4) Costs to be costs in the cause.

Catchwords

CIVIL PROCEDURE – Commencement of proceedings – leave to commence action – plaintiff in custody serving a sentence for the commission of a serious indictable offence — leave may be granted where there is no abuse of process and there is a prima facie ground for the proceedings — leave granted

Cases cited

TS v The State of New South Wales[2021] NSWSC 1649

Legislation cited

Felons (Civil Proceedings) Act 1981 (NSW), § 4, 5
Limitation Act 1969 (NSW)

Judgment

[1]
The plaintiff is seeking leave, pursuant to s 4 of the Felons (Civil Proceedings) Act 1981 (NSW) (“Felons Act”) to commence his civil proceedings in the Supreme Court of New South Wales.
[2]
The application is supported by two affidavits, one of Kelly Lee Keane, dated 19 September 2025 and one of Aadil Ahmed, dated 27 April 2026. The affidavit of Mr Ahmed annexes the report of Dr Shannon Paisley, a Consultant Psychiatrist, dated 27 January 2026.
[3]
An amended Summons has been filed today. The plaintiff is 32 years old and incarcerated at Hunter Correctional Centre on charges of murder and assault occasioning actual bodily harm. He has been sentenced to a total term of imprisonment of 44 years.
[4]
The claim relates to actions of historical sexual abuse perpetrated against the plaintiff whilst incarcerated as a juvenile in a number of Youth Justice facilities. This abuse allegedly occurred between the ages of 13 to 15 years whilst the plaintiff was incarcerated at Reiby, Cobham, Emu Plains, and Frank Baxter Youth Justice Centre.
[5]
The report of Dr Paisley provides evidence in support of the plaintiff’s claim and includes the nature of the abuse and an assessment of the diagnosis of the psychological injury and disorder suffered by the plaintiff.
[6]
Briefly, the plaintiff was born and raised in Guildford. He has two brothers and three sisters. The plaintiff recalled that he got along well with his parents and siblings. He has spent most of his adult life in prison however he has a long-term partner who he maintains a good relationship with.
[7]
Dr Paisley opines that the plaintiff meets the DSM-5 criteria for a diagnosis of Post Traumatic Stress Disorder (PTSD), opioid use disorder, antisocial personality disorder, and conduct disorder during his childhood.
[8]
Section 4 of the Felons Act requires the plaintiff to seek leave to institute the proceedings.
[9]
Under s 5 of the Felons Act, the Court may grant leave if satisfied that the proceedings are not an abuse of process and that there is a prima facie ground for the proceedings.
[10]
The relevant principles regarding the grant of leave pursuant to ss 4 and 5 of the Felons Act were considered by Wilson J in TS v The State of New South Wales [2021] NSWSC 1649 at [11]-[12]:
[11]
The defendant has been notified of the application.
[12]
Having perused the material in support of the amended Summons, I am comfortably satisfied that the claim is not an abuse of process. I have come to that view for the following reasons:
[13]
Accordingly, I make the following orders:
1. (1)
  Pursuant to s 4 of the Felons (Civil Proceedings) Act 1981 (NSW), the plaintiff is granted leave to commence his civil proceedings in the Supreme Court of NSW.
2. (2)
  The plaintiff is granted leave to file its Statement of Claim within 14 days under the same proceedings number.
3. (3)
  The matter to be relisted before the Common Law Registrar in six weeks’ time, being 16 June 2026.
4. (4)
  Costs to be costs in the cause.