Australia, June 5 -- New South Wales Land and Environment Court issued text of the following judgement on May 6:

1. HIS HONOUR: Mr Clark sues the defendant claiming damages for false arrest, false imprisonment, malicious prosecution and abuse of process. The current statement of claim in the proceedings was filed on 24 July 2020. The matter is listed for hearing commencing on 7 July 2025 with an estimate of 10 days in accordance with orders made by Chen J on 8 August 2024. The defendant was ordered at that time to prepare and serve upon Mr Clark a court book containing the pleadings, the particulars and all evidentiary statements or affidavits served in the proceedings. That court book has been prepared in accordance with his Honour's direction.

2. By his notice of motion dated 12 February 2025, Mr Clark seeks an order that he be given leave to amend his current pleadings and that he be permitted to rely upon what is referred to as his proposed fifth further amended statement of claim. That application is opposed.

3. The proceedings have had what on any view has been an extraordinary journey in this Court. They were originally commenced by statement of claim filed in 2002. The details of the procedural history are referred to in the affidavit of Helen Maamary, solicitor, affirmed on 11 April 2025 and read by the defendants on this application. It is presently unnecessary to record that history in detail in these reasons.

4. However, I note that on 27 March 2025, Chen J conducted a status review in advance of the scheduled hearing when Mr Clark indicated that he wished to amend his pleadings and to rely upon the fifth further amended statement of claim. The State was ordered to file and serve any evidence in respect of Mr Clark's motion to amend by 11 April 2025.

5. Mr Clark's current statement of claim makes allegations against the police that arise out of his arrest and charging by Officers Muxlow and Metcalf as long ago as 21 February 2000. Mr Clark also alleges that he was again arrested by the same officers on 29 February 2000 and charged with perverting the course of justice. He was in due course committed to stand trial. On 22 April 2001, Mr Clark was convicted and eventually sentenced by Dowd J to 12 months periodic detention. On 11 February 2002, the Court of Criminal Appeal upheld his appeal and quashed his conviction. Those facts and circumstances represent the basis upon which Mr Clark's currently pleaded cause of action rests. The State of New South Wales filed its defence to that document on 24 May 2021. That is the case that is listed for hearing in July 2025.

6. On 17 November 2022, Mr Clark swore an affidavit which has since been served upon the defendant. That affidavit consists of 122 pages and 495 paragraphs. The defendant understands that it is the evidentiary statement upon which Mr Clark proposes to rely in these proceedings. It is to that statement of evidence that the defendant has responded by the service of evidentiary statements upon which it proposes to rely in defence of Mr Clark's claim and which represents the case that it is prepared to meet.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1968a94acb17ad01a199e86e)

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