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[2026] NSWSC 181
General information, not legal advice.
Supreme Court of NSW
2026-02-26
Muston J
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Pizarro v State of New South Wales [2026] NSWSC 181
Hearing dates: 26 February 2026
Date of orders: 26 February 2026
Decision date: 26 February 2026
Jurisdiction: Common Law
Before: Muston J
Decision: (1) Pursuant to s 4 of the Felons (Civil Proceedings) Act 1981 (NSW) I grant leave to the plaintiff to commence his civil proceedings by filing and serving a statement of claim in the form of that which is annexure TWP-E to the affidavit of Thomas Wallace-Pannell affirmed 10 November 2025.
(2) The plaintiff is to file and serve his statement of claim on or before 12 March 2026.
(3) The costs of these proceedings will be costs in the cause in any civil proceedings commenced pursuant to this grant of leave.
Catchwords: CIVIL PROCEDURE — commencement of proceedings — leave to commence action — where plaintiff has been convicted of a serious indictable offence
Legislation Cited: Felons (Civil Proceedings) Act 1981 (NSW)
Cases Cited: TS v The State of New South Wales [2021] NSWSC 1649
Potier v Attorney General (NSW) [2015] NSWCA 129
Category: Procedural rulings
Parties: Pablo Cesar Carreno Pizzaro (Plaintiff)
State of New South Wales (Defendant)
Representation: Counsel:
J Isackson (Plaintiff)
Solicitors:
T Wallace-Pannell (Plaintiff)
File Number(s): 2025/00438539-1
The plaintiff has filed a summons seeking leave to commence proceedings against the defendant for damages for personal injuries he allegedly suffered as a result of a sexual assault he claims to have been the victim of whilst detained in Reiby Juvenile Justice Centre. That assault is alleged to have occurred in 1994.
As the plaintiff is currently incarcerated at the Macquarie Correctional Centre, having been convicted in 2017 of charges of aggravated sexual assault (a serious indictable offence), he requires leave to commence these proceedings under ss 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW).
The plaintiff has provided a statement to his solicitors in which he sets out his recollection of the events about which he complains, in some detail. He has identified a possible name for the alleged perpetrator and has expressed a clear memory that the perpetrator was an officer then employed to work at the Reiby Juvenile Justice Centre.
The statutory power to grant leave to the plaintiff to commence his proceedings is contained in s 4 of the Act:
4. Leave to sue required for persons convicted of serious indictable offences
A person who is in custody as a result of having been convicted of, or found to have committed, a serious indictable offence may not institute any civil proceedings in any court except by the leave of that court granted on application.
5**.** Grant of leave
A court shall not, under section 4, grant leave to a person to institute proceedings unless the court is satisfied that the proceedings are not an abuse of process and that there is prima facie ground for the proceedings.
The principles to be applied in the exercise of this discretion were considered by Wilson J in TS v The State of New South Wales [2021] NSWSC 1649 at [11]-[12]. I note and adopt that useful summary.
To similar effect are the observations of Leeming J in Potier v Attorney General (NSW) [2015] NSWCA 129 at [57] where his Honour noted:
"Commencement of civil proceedings in a court without leave is in contravention of s 4. Power is conferred under ss 4 and 5 to lift the prohibition by the grant of leave. Leave may only be granted by the court in which the proceedings are to be commenced. Section 5 constrains the power to grant leave to circumstances where the court is satisfied of two things: that the proceedings are not an abuse of process and that there are prima facie grounds for them."
The plaintiff has relied on an affidavit sworn by his solicitor, Thomas Wallace-Pannell, affirmed on 10 November 2025, which annexes the plaintiff's criminal history, a statement prepared by the plaintiff, the plaintiff's custodial history (which establishes that he was incarcerated at the Reiby Juvenile Justice Centre at the time of the alleged assault), and a report prepared by Dr Sathish Dayalan, a forensic psychiatrist, dated 21 February 2025.
Dr Dayalan's report includes a record of the history provided by the plaintiff, which is broadly consistent with that as set out in his statement. Dr Dayalan has expressed an opinion that the plaintiff experiences a range of mental health challenges (including post-traumatic stress disorder) and has expressed the further view that the alleged assault "was a precipitating factor for his PTSD and substance use disorder and contributed to his psychiatric conditions."
Having reviewed the material in support of the summons, I am satisfied that the claim is not an abuse of process and that there are prima facie grounds for the civil action contemplated. I have been informed that the defendant has been notified of this application and has not appeared.
In these circumstances, I make the following orders:
Pursuant to s 4 of the Felons (Civil Proceedings) Act 1981 (NSW) I grant leave to the plaintiff to commence his civil proceedings by filing and serving a statement of claim in the form of that which is annexure TWP-E to the affidavit of Thomas Wallace-Pannell affirmed 10 November 2025.
The plaintiff is to file and serve his statement of claim on or before 12 March 2026.
The costs of these proceedings will be costs in the cause in any civil proceedings commenced pursuant to this grant of leave.
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Pizarro
State of New South Wales [2026] NSWSC 181