Macatangay v State of New South Wales

[2012] NSWCA 305

Court of Appeal

New South Wales

Case Title:

Macatangay v State of New South Wales

Medium Neutral Citation:

[2012] NSWCA 305

Hearing Date(s):

On the papers

Decision Date:

21 September 2012

Jurisdiction:

Before:

Macfarlan JA 

Sackville AJA 

Tobias AJA

Decision:

The notice of motion filed by the applicant on 24 August 2012 seeking leave to file a further application is dismissed.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

Legislation Cited:

N/A

Cases Cited:

Macatangay v State of New South Wales [2012] NSWCA 108

Macatangay v State of New South Wales, NSWCA, Handley and Sackville AJJA, unreported, 20 September 2010

Texts Cited:

N/A

Category:

Procedural and other rulings

Parties:

Miguela Alvarez Macatangay (Applicant)

State of New South Wales (Respondent)

Representation

- Counsel:

Counsel:
N/A

- Solicitors:

Solicitors:
N/A

File number(s):

20144 of 2005 or 269316 of 2005

Decision Under Appeal

- Court / Tribunal:

- Before:

Grove J

- Date of Decision:

09 February 2007

- Citation:

Macatangay v State of New South Wales [2007] NSWSC 57

- Court File Number(s)

2005/20144

Publication Restriction:

JUDGMENT

1. THE COURT: The Court has before it a notice of motion and a supporting affidavit filed by Miguela Alvarez Macatangay (the applicant) on 24 August 2012.

2. The matter the subject of the notice of motion has a long history and its chronology has been set out in a previous judgment of this Court (Macatangay v State of New South Wales, NSWCA, Handley and Sackville AJJA, unreported, 20 September 2010). The matter has come before a number of judges of the Supreme Court and the Court of Appeal on a number of occasions. Most recently it was before the Court of Appeal on 16 April 2012 (Macatangay v State of New South Wales [2012] NSWCA 108).

3. On that occasion the Court had before it two notices of motion filed by the applicant and one notice of motion filed by the State of New South Wales (the respondent). The Court dismissed the applicant's notices of motion which sought to re-agitate matters raised unsuccessfully on numerous previous occasions and, in accordance with the respondent's notice of motion, made an order restraining the applicant from making any further applications in matters 20144 of 2005 and 269316 of 2005 without leave of the Court.

4. By the notice of motion presently before the Court, the applicant now seeks leave of the Court to file a further application in relation to proceedings 20144 of 2005 or 269316 of 2005.

5. The applicant has provided nothing of substance in addition to what was before the Court on 16 April 2012, and therefore, for the same reasons set out by this Court on 16 April 2012, the notice of motion filed by the applicant on 24 August 2012 seeking leave to file a further application is dismissed.

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