Doyle v AA; Doyle v Lewis; Doyle v Pp (No 3) - [2023] NSWCA 281

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Doyle v AA; Doyle v Lewis; Doyle v PP (No 3) [2023] NSWCA 281
Hearing dates: 17 November 2023
Date of orders: 17 November 2023
Decision date: 27 November 2023
Before: Ward P; Gleeson JA; Basten AJA
Decision:
1.   Strike out the Notice of Appeal filed on 24 February 2023.
2.   Order that the Appellant pay the Respondent’s costs.
3.   The Appellant’s Notice of Motion filed 5 April 2023 (which was stood over by Griffiths AJA to the hearing of the appeal) is dismissed with costs.
4.   The Appellant’s Notice of Motion filed 22 September 2023 is dismissed with costs.

Catchwords:
CIVIL PROCEDURE – Summary disposal – Dismissal of proceedings – Where appellant had filed notices of appeal 5, 11 and 15 months out of time – Where grounds of appeal had not been properly articulated or did not disclose arguable error – Whether extension of time to file notices of appeal should be granted

Legislation Cited:
Civil Procedure Act 2005 (NSW), ss 56-60
Uniform Civil Procedure Rules 2005 (NSW), rr 7.14, 51.16

Cases Cited:
Bi v Mourad [2010] NSWCA 17
DD v AA; DD v Lewis; DD v PP (No 2) [2023] NSWCA 260
DD v AA; DD v Lewis; DD v PP [2023] NSWCA 140
DD v PP [2022] NSWCA 98
Doulaveras v Daher [2009] NSWCA 58
Gilmore Finance Pty Ltd v Aesthete No 3 Pty Ltd [2020] NSWCA 114
PP v DD [2021] NSWSC 1157
Tomlinson V Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28
Trustees for the Roman Catholic Church for the Diocese of Bathurst v Hine [2016] NSWCA 213

Category: Principal judgment
Parties:
2023/00063182 (PD v Lewis)

Philip William Doyle (Appellant)
Darren Lewis (Respondent)

2023/00063191 (PD v PP)

Philip William Doyle (Appellant)
PP (Respondent)

2023/00063196 (PD v AA)
Philip William Doyle (Appellant)
AA (Respondent)
Representation:
Counsel:
M Barbeliuk (Intervenor) (Appellant)
KW Andrews and R Brown (Respondents)
Solicitors:
Carroll & O’Dea Lawyers (Respondents)

File Number(s): 2023/00063182; 2023/00063191; 2023/00063196
Publication restriction: In 2023/00063191 and 2023/00063196, pursuant to s 578A of the Crimes Act 1900 (NSW), and s 15A of the Children (Criminal Proceedings) Act 1987 (NSW), publication of the name of, or any matter which could identify, the respondents is prohibited.
Decision under appeal

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Common Law

Citation:

PP v DD (No 2) [2021] NSWSC 1312; Lewis v Doyle [2022] NSWSC 92; AA v PD [2022] NSWSC 1039

Date of Decision:

15 October 2021; 18 February 2022; 5 August 2022

Before:

Cavanagh J; Davies J; Chen J

File Number(s):

2018/204001; 2018/200890; 2021/155673

HEADNOTE

[This headnote is not to be read as part of the judgment]

This matter relates to notices of appeal filed in relation to three separate proceedings in the Common Law Division in which damages were awarded in favour of the respondents arising from historical sexual assaults. The appellant had been incarcerated for ten years ending in mid-2022…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Doyle v AA; Doyle v Lewis; Doyle v Pp (No 3) and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2023] NSWCA 281
Decision Date: 27 November 2023

CaseChat Overview and Summary

The proceedings involved an appeal by the appellant against decisions in three separate matters, Doyle v AA, Doyle v Lewis, and Doyle v Pp (No 3). The appellant sought to appeal these decisions by filing notices of appeal significantly out of time, with delays ranging from five to fifteen months. The core of the dispute revolved around whether the appellant should be granted an extension of time to file these notices of appeal. The matter was heard by Ward P, Gleeson JA, and Basten AJA.

The primary legal issues before the court were whether the appellant had established sufficient grounds to warrant an extension of time for filing the notices of appeal, and whether the grounds of appeal themselves were properly articulated and disclosed an arguable error of law or fact. The court was required to consider the appellant's explanations for the extensive delays and assess the merits of the proposed grounds of appeal in determining whether to exercise its discretion to grant an extension.

The court determined that the appellant had failed to provide adequate reasons for the substantial delays in filing the notices of appeal. Furthermore, the court found that the grounds of appeal, as presented, were either not properly articulated or did not disclose an arguable error in the decisions under appeal. Consequently, the court concluded that it was not in the interests of justice to grant an extension of time. The court ordered that the Notice of Appeal filed on 24 February 2023 be struck out, and that the appellant pay the respondents' costs. Additionally, two Notices of Motion filed by the appellant were dismissed with costs.

Orders

Orders of the court

1. Strike out the Notice of Appeal filed on 24 February 2023.

2. Order that the Appellant pay the Respondent’s costs.

3. The Appellant’s Notice of Motion filed 5 April 2023 (which was stood over by Griffiths AJA to the hearing of the appeal) is dismissed with costs.

4. The Appellant’s Notice of Motion filed 22 September 2023 is dismissed with costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Doyle v AA; Doyle v Lewis; Doyle v PP (No 3) [2023] NSWCA 281
Hearing dates:	17 November 2023
Date of orders:	17 November 2023
Decision date:	27 November 2023
Before:	Ward P; Gleeson JA; Basten AJA
Decision:	1. Strike out the Notice of Appeal filed on 24 February 2023. 2. Order that the Appellant pay the Respondent’s costs. 3. The Appellant’s Notice of Motion filed 5 April 2023 (which was stood over by Griffiths AJA to the hearing of the appeal) is dismissed with costs. 4. The Appellant’s Notice of Motion filed 22 September 2023 is dismissed with costs.
Catchwords:	CIVIL PROCEDURE – Summary disposal – Dismissal of proceedings – Where appellant had filed notices of appeal 5, 11 and 15 months out of time – Where grounds of appeal had not been properly articulated or did not disclose arguable error – Whether extension of time to file notices of appeal should be granted
Legislation Cited:	Civil Procedure Act 2005 (NSW), ss 56-60 Uniform Civil Procedure Rules 2005 (NSW), rr 7.14, 51.16
Cases Cited:	Bi v Mourad [2010] NSWCA 17 DD v AA; DD v Lewis; DD v PP (No 2) [2023] NSWCA 260 DD v AA; DD v Lewis; DD v PP [2023] NSWCA 140 DD v PP [2022] NSWCA 98 Doulaveras v Daher [2009] NSWCA 58 Gilmore Finance Pty Ltd v Aesthete No 3 Pty Ltd [2020] NSWCA 114 PP v DD [2021] NSWSC 1157 Tomlinson V Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28 Trustees for the Roman Catholic Church for the Diocese of Bathurst v Hine [2016] NSWCA 213
Category:	Principal judgment
Parties:	2023/00063182 (PD v Lewis) Philip William Doyle (Appellant) Darren Lewis (Respondent) 2023/00063191 (PD v PP) Philip William Doyle (Appellant) PP (Respondent) 2023/00063196 (PD v AA) Philip William Doyle (Appellant) AA (Respondent)
Representation:	Counsel: M Barbeliuk (Intervenor) (Appellant) KW Andrews and R Brown (Respondents) Solicitors: Carroll & O’Dea Lawyers (Respondents)
File Number(s):	2023/00063182; 2023/00063191; 2023/00063196
Publication restriction:	In 2023/00063191 and 2023/00063196, pursuant to s 578A of the Crimes Act 1900 (NSW), and s 15A of the Children (Criminal Proceedings) Act 1987 (NSW), publication of the name of, or any matter which could identify, the respondents is prohibited.
Decision under appeal	Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: PP v DD (No 2) [2021] NSWSC 1312; Lewis v Doyle [2022] NSWSC 92; AA v PD [2022] NSWSC 1039 Date of Decision: 15 October 2021; 18 February 2022; 5 August 2022 Before: Cavanagh J; Davies J; Chen J File Number(s): 2018/204001; 2018/200890; 2021/155673