Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: D v Australian Financial Security Authority formerly known as Insolvency & Trustee Service Australia [2017] NSWCA 50 Hearing dates: 10 March 2017 Decision date: 21 March 2017 Before: Ward JA; Sackville AJA Decision: 1. Leave to appeal from the decision of Mahony SC DCJ is refused with costs.
2. Summons seeking leave to appeal from the decision of Sidis ADCJ be dismissed with costs.Catchwords: PROCEDURE – application for leave to appeal against interlocutory decisions made in District Court of NSW – refusal of application by self-represented litigant for leave to issue a subpoena – limitations on grant of leave to self-represented applicant to amend pleadings – Leave to appeal refused in respect of both impugned decisions Legislation Cited: Family Law Act 1975 (Cth), s 121
Privacy Act 1988 (Cth), s 25
Uniform Civil Procedure Rules 2005 (NSW), rr 7.3 14.28, 14.30Cases Cited: Attorney General of Botswana v Aussie Diamond Products Pty Ltd (No 2) [2012] WASCA 73
Dank v Cronulla Sutherland District Rugby League Football Club Ltd [2014] NSWCA 288
House v The King (1936) 55 CLR 499; [1936] HCA 40
ICAP Australia Pty Ltd v BGC Partners (Australia) Pty Ltd [2009] NSWCA 307
Jurisdiction of Courts (Cross Vesting) Act 1987 (NSW), ss 6(1), 6(3)
Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59
Lowery v Insurance Australia Ltd (2015) 90 NSWLR 320; [2015] NSWCA 303
Nominal Defendant v Gabriel (2007) 71 NSWLR 150; [2007] NSWCA 52
Polo Enterprises Australia Pty Ltd v Pinctada Hotels and Resorts Pty Ltd [2015] NSWCA 397
Portal Software v Bodsworth [2005] NSWSC 1115
Re Will of Gilbert (1946) 46 SR (NSW) 318
The Age Company Ltd v Liu [2013] NSWCA 26Category: Principal judgment Parties: D (Applicant)
Australian Financial Security Authority formerly known as Insolvency & Trustee Service Australia (First Respondent)
Philip Madden (Second Respondent)
Tara Czinner (Third Respondent)
Sally Susan Nash (Fourth Respondent)
The Registrar General of New South Wales (Fifth Respondent)
Australian Restructuring Insolvency & Turnaround Association (Sixth Respondent)
Savice Pty Limited trading as LJ Hooker, Picton (Seventh Respondent)Representation: Counsel:
Solicitors:
Applicant in person
Ms TA Berberian (First, Second and Third Respondents)
Ms M Avenell (Fourth Respondent)
H Altan (Fifth Respondent)
HWL Ebsworth Lawyers (First, Second and Third Respondents)
Mullane and Lindsay (Fourth respondent)
Ms F Harris, Department of Finance & Services (Land & Property Information) (Fifth respondent)
File Number(s): 2016/227940; 2016/277430 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Civil
- Date of Decision:
- 01 July 2016
- Before:
- Mahony SC DCJ; Sidis ADCJ
- File Number(s):
- 2015/00124114
Judgment
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THE COURT: The applicant seeks leave to appeal from separate interlocutory decisions made in the course of the same proceedings commenced by her in the District Court of New South Wales. The applicant is referred to by pseudonym on the coversheet of this judgment, since the gravamen of the underlying dispute relates to her identification in public…
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- AGLC
- D v Australian Financial Security Authority [2017] NSWCA 50
- Case
- [2017] NSWCA 50
- Decision Date
CaseChat Overview and Summary
The Court of Appeal was required to determine whether to grant D leave to appeal against both the refusal to allow the issuance of a subpoena and the refusal to allow amendment of pleadings. In essence, the court had to consider whether there were sufficient grounds to interfere with the discretionary decisions of the District Court judges.
Ward JA and Sackville AJA refused leave to appeal in respect of both impugned decisions. The court applied the principles governing appeals against interlocutory decisions, particularly where leave to appeal is required. The court considered the limitations on granting leave to a self-represented litigant to amend pleadings, and the general approach to granting leave to appeal against discretionary decisions.
Leave to appeal from the decision of Mahony SC DCJ was refused with costs. The summons seeking leave to appeal from the decision of Sidis ADCJ was dismissed with costs.
Orders
Orders of the court
1. Leave to appeal from the decision of Mahony SC DCJ is refused with costs.
2. Summons seeking leave to appeal from the decision of Sidis ADCJ be dismissed with costs.
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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