Collier v Lancer
Case
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[2013] NSWCA 185
•6 February 2013
Details
AGLC
Case
Decision Date
Collier v Lancer [2013] NSWCA 185
[2013] NSWCA 185
6 February 2013
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.
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.
Details
Key Legal Topics
Areas of Law
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Administrative Law
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Civil Procedure
Legal Concepts
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Judicial Review
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Appeal
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Costs
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Jurisdiction
Actions
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Citations
Collier v Lancer [2013] NSWCA 185
Most Recent Citation
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