Kamm v State of New South Wales
Case
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[2016] NSWCA 339
•28 November 2016
Details
AGLC
Case
Decision Date
Kamm v State of New South Wales [2016] NSWCA 339
[2016] NSWCA 339
28 November 2016
CaseChat Overview and Summary
The applicant, Mr Kamm, sought leave to appeal against a decision of the State of New South Wales. The proceedings before Payne JA in the Court of Appeal concerned the applicant's failure to file an amended summary of argument and the issue of subpoenas.
The primary legal issue before the Court was whether the applicant had shown sufficient cause why his application for leave to appeal should not be dismissed, particularly in light of his non-compliance with filing obligations. The Court also considered the applicant's request for an extension of time to file necessary documents.
Payne JA noted the undertakings given by Mr Waterstreet, on behalf of the applicant, that the summary of argument would be filed and served by 31 January 2017, and that confidential material concerning Dr Lennings would be provided as agreed by the parties. The Court ordered that the applicant file and serve his summary of argument and any expert evidence by 31 January 2017, with liberty to apply on 48 hours' notice. The matter was adjourned for further hearing on 3 February 2017.
The primary legal issue before the Court was whether the applicant had shown sufficient cause why his application for leave to appeal should not be dismissed, particularly in light of his non-compliance with filing obligations. The Court also considered the applicant's request for an extension of time to file necessary documents.
Payne JA noted the undertakings given by Mr Waterstreet, on behalf of the applicant, that the summary of argument would be filed and served by 31 January 2017, and that confidential material concerning Dr Lennings would be provided as agreed by the parties. The Court ordered that the applicant file and serve his summary of argument and any expert evidence by 31 January 2017, with liberty to apply on 48 hours' notice. The matter was adjourned for further hearing on 3 February 2017.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Administrative Law
Legal Concepts
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Appeal
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Expert Evidence
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Procedural Fairness
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Standing
Actions
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Most Recent Citation
Kamm v State of New South Wales (No 3) [2017] NSWCA 68
Cases Citing This Decision
2
Kamm v State of New South Wales (No 4)
[2017] NSWCA 189
Kamm v State of New South Wales (No 3)
[2017] NSWCA 68