[2021] NSWCCA 67

Clark v R (No 4)

(1) Leave to apply to set aside the orders of the Court under r 50C of the Criminal Appeal Rules is refused; (2) The notice of motion dated 12 April 2021 is dismissed.

Catchwords

CRIME – appeals – leave to apply to set aside judgments and orders – further vexatious application – no issue of principle

Cases cited

Clark v R[2021] NSWCCA 8
Clark v R (No 2)[2021] NSWCCA 48
Clark v R (No 3)[2021] NSWCCA 64

Legislation cited

Criminal Appeal Rules (NSW), § 50C

Judgment

[1]
THE COURT: On 12 April 2021, Mr Clark filed a notice of motion seeking orders under r 50C of the Criminal Appeal Rules (NSW). This is the third application made by Mr Clark under r 50C of the Criminal Appeal Rules seeking, inter alia, orders setting aside the judgment in Clark v R [2021] NSWCCA 8.
[2]
For the reasons given in Clark v R (No 2) [2021] NSWCCA 48 and Clark v R (No 3) [2021] NSWCCA 64 the application is vexatious and must be dismissed. The orders of the Court are:
1. (1)
  Leave to apply to set aside the orders of the Court under r 50C of the Criminal Appeal Rules is refused;
2. (2)
  The notice of motion dated 12 April 2021 is dismissed.