Doyle v AA; Doyle v Lewis; Doyle v Pp (No 3)
Case
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[2023] NSWCA 281
•27 November 2023
Details
AGLC
Case
Decision Date
Doyle v AA; Doyle v Lewis; Doyle v Pp (No 3) [2023] NSWCA 281
[2023] NSWCA 281
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.
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.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Limitation Periods
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Procedural Fairness
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Summary Judgment
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Cases Citing This Decision
0
Cases Cited
12
Statutory Material Cited
2
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