Di Carlo v Kashani-Malaki & Anor

The issue for determination was whether or not the respondent was entitled to continue, as against his former Counsel, proceedings which were commenced before the term of imprisonment was imposed?  Section 95 of the Public Trustee Act 1978 provided that a prisoner was not entitled to bring or defend certain proceedings without the consent in writing of the Public Trustee.  The Court held that s.95 did not prevent the continuation of proceedings which were commenced before the prisoner became subject to the Act.  Observations were made as to the extent to which a purposive construction of a statute might displace the ordinary meaning of the words used by the Parliament.