Collier v Lancer

Case [2013] NSWCA 185

Court of Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Collier v Lancer [2013] NSWCA 185
Hearing dates:12 June 2013
Decision date: 21 June 2013
Before: Beazley P;
Ward JA;
Leeming JA
Decision:

Order that the time for filing the notice of motion for review of the decision of Allsop P be extended to 21 March 2013;

Application for review dismissed with costs.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords: ADMINISTRATIVE LAW - judicial review - review of decision of single judge of appeal: Supreme Court Act 1970, s 46 - whether applicant demonstrated error of principle or that the decision was plainly wrong.
Legislation Cited: Civil Procedure Act 2005
Crimes (Appeal and Review Act) 2001
Criminal Procedure Act 1986
Supreme Court Act 1970
Uniform Civil Procedure Rules 2005
Cases Cited: Kiri Te Kanawa v Leading Edge Events Australia Pty Ltd [2007] NSWCA 274
Lo v Iverarch [2009] NSWCA 92
Patrick v Howorth [2002] NSWCA 285
Rinehart v Welker [2011] NSWCA 403
Transglobal Capital Pty Ltd v Yolarno Pty Ltd [2004] NSWCA 136; 60 NSLWR 143
Wentworth v Wentworth (1994) 35 NSWLR 726
Texts Cited: Ritchie's Uniform Civil Procedure NSW
Category:Principal judgment
Parties: Marion Louise Collier (Applicant)
Constable Kate Lancer (First Respondent)
Local Court of New South Wales (Second Respondent)
Magistrate Jan Stevenson (Third Respondent)
Representation: Counsel:
In person (Applicant)
B Baker (First Respondent)
Solicitors:
I V Knight, Crown Solicitor (First Respondent)
File Number(s):CA 13/027475
 Decision under appeal 
Jurisdiction:
9003
Citation:
Collier v Lancer [2013] NSWCA 14
Date of Decision:
2013-02-06 00:00:00
Before:
Allsop P
File Number(s):
12/201151

Application for Review

Court/Tribunal: Court of Appeal

Before: Allsop P

Date of Decision: 6 February 2013

Citation: Collier v Lancer [2013] NSWCA 14

Court File Number(s): CA 2013/119344

Judgment

  1. THE COURT: The applicant, Mrs Collier, has, by notice of motion filed on 21 March 2013, brought an application to review the decision of Allsop P (as his Honour then was) of 6 February 2013. That notice of motion will be referred to as the notice of motion for review. The notice of motion for review seeks an order setting aside orders made by his Honour on that date. His Honour's orders were made in respect of a notice of motion filed by the applicant on 29 January 2013.

  1. The notice of motion for review is brought pursuant to the Supreme Court Act 1970, s 46(4), by which this Court may vary or discharge an order made by a Judge of Appeal. Under the Uniform Civil Procedure Rules 2005 (UCPR), r 51.58, any such application must be made within 14 days after the…

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Collier v Lancer [2013] NSWCA 185
Case
[2013] NSWCA 185
Decision Date

CaseChat Overview and Summary

In *Collier v Lancer*, the applicant sought judicial review of a decision made by a single judge of appeal in the Supreme Court of New South Wales. The application was brought under section 46 of the *Supreme Court Act 1970* (NSW), which governs the review of decisions of a single judge of appeal. The core of the dispute concerned whether the applicant had demonstrated an error of principle or that the decision under review was plainly wrong.

The Court of Appeal was required to determine whether the applicant had met the threshold for review under section 46 of the *Supreme Court Act 1970*. This involved assessing whether the single judge's decision contained a demonstrable error of principle or was otherwise plainly wrong, thereby justifying the intervention of the full Court.

The Court considered the application for review. It was noted that the Uniform Civil Procedure Rules 2005, specifically Rules 36.15 to 36.18, govern the setting aside and variation of judgments and orders, including a fourteen-day time limit for such applications. The Court granted an extension of time for the applicant to file the notice of motion for review. However, after considering the merits, the Court dismissed the application for review.

The orders made by the Court were that the time for filing the notice of motion for review of the decision of Allsop P be extended to 21 March 2013, and that the application for review be dismissed with costs.

Orders

Orders of the court

Order that the time for filing the notice of motion for review of the decision of Allsop P be extended to 21 March 2013;

Application for review dismissed with costs.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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