Glover v State of New South Wales

The plaintiff reads the affidavits of Ms Richele Nelson sworn on 22 December 2025, and of Ms Katia Barbara Guido sworn on 7 May 2026. Ms Guido appeared before me on the hearing of the application.

I am satisfied in terms of s 4 of the Act that the plaintiff is a person who is in custody serving a full‑time term of imprisonment upon his conviction of the commission of a serious indictable offence. Accordingly, he is prohibited from commencing these proceedings except by leave of the Court.

Under s 5 of the Act, the Court is not to grant leave unless satisfied that the proceedings are not an abuse of process and that there a prima facie ground for the proceedings. In that regard I accept that the Court is required to proceed in a more or less summary fashion and on an impressionistic basis. It seems to me that it is necessary that the evidence demonstrates that there is likely to be available at the hearing of the matter evidence in the plaintiff's case which if accepted would result in judgment for damages in his favour.

I am satisfied that if the history given by the plaintiff to Dr Truls Bratten, consultant psychiatrist, is repeated by him in evidence and accepted by the Court after a final hearing then that evidence, in conjunction with the opinion of Dr Bratten expressed in his report of 17 April 2026 would result in judgment for damages in his favour.

Accordingly, I am satisfied that the proposed proceedings are not an abuse of process and that there is a prima facie ground for the claim and the proceedings are not an abuse of process. Although the explanation for proceeding in this manner is perhaps slight, at least Ms Nelson did address the issue by expressing her belief in the need to proceed with a sense of urgency in bringing the proceedings without filing the motion seeking leave at the same time. Accordingly, there is no reason to withhold the exercise my discretion in favour of the plaintiff and I make the following orders:

Under s 4 of the Felons (Civil Proceedings Act) 1981 (NSW), I grant leave nunc pro tunc for the plaintiff to bring these proceedings by way of the Statement of Claim e‑filed on 31 October 2025.

The plaintiff’s costs are costs in the cause.