Collier v Lancer

[2013] NSWCA 14

Court of Appeal

New South Wales

Case Title:

Collier v Lancer

Medium Neutral Citation:

[2013] NSWCA 14

Hearing Date(s):

6 February 2013

Decision Date:

06 February 2013

Before:

Allsop P

Decision:

1. Notice of motion filed 29 January 2013 dismissed with costs.

2. Expedite the hearing of the application for leave to appeal to a date in March to be arranged in consultation with the Registrar. On that date, if there be any application to review the Court's decision, that application for review may be listed with the application for leave to appeal.

Catchwords:

PRACTICE AND PROCEDURE - no question of principle

Category:

Procedural and other rulings

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)
Crown Solicitor (Respondents)

File Number(s):

2012/27475

Decision Under Appeal

- Before:

Adams J

- Date of Decision: 

29 November 2012

- Citation:

Collier v NSW Police Service [2012] NSWSC 1525

- Court File Number(s):

2012/201151

JUDGMENT

1. ALLSOP P: In this matter the applicant, Mrs Collier, seeks leave to appeal against orders made by a Judge of the Supreme Court Common Law Division, Adams J, on 29 November 2012. A white book for that application has been prepared.

2. The applicant filed a notice of motion on 29 January 2013 seeking various orders which I will identify. The orders that I identify are the ones pressed by Mrs Collier today. Order 2 is an ex parte interim injunction against the Local Court of New South Wales and Magistrate Stevenson, said to be until Crown solicitors can be served and attend a further hearing of this motion. I take it that the injunction is to prevent both the Local Court of New South Wales and Magistrate Stevenson taking any step in relation Mrs Collier.

3. Order 4 was an order that the first respondent's name, that is the name of the informant, Constable Kate Lancer, be changed to read "the Commissioner of Police". This was said to be necessary to embrace the manner in which the matter was commenced before Adams J. To that end there will be added to the white book a summons and an amended summons that was before Adams J, the first defendant being variously entitled the New South Wales Police Service and the Commissioner of Police.

4. One of the orders made by Adams J was in fact to amend the proceedings to remove the New South Wales Police Service as a party and substitute Constable Lancer as the first defendant. The order that is sought today is to reverse that. To the extent that that is an issue on an application for leave to appeal, that can be dealt with at that point and I do not propose to make order 4. I will later return to order 2.

5. Order 6 is an order for costs. That would depend on the outcome of the motion.

6. Orders 7 and 8 seek an order for…