Macatangay v State of New South Wales (No 2)

The proceedings before the Court of Appeal of New South Wales involved an appeal by Mr Macatangay against a decision of a single judge of the Supreme Court of New South Wales, which had summarily dismissed his appeal from a decision of the Industrial Relations Commission. The State of New South Wales was the respondent.

The primary legal issue before the Court of Appeal was whether Mr Macatangay’s appeal to the Court of Appeal was competent. This question arose because the decision of the single judge of the Supreme Court was interlocutory, and the Uniform Civil Procedure Rules 2005 (NSW) require leave to appeal from such decisions. A secondary issue concerned the power of a single judge of the Court of Appeal to strike out an incompetent appeal, and whether the Registrar had the power to delegate such a function.

The Court of Appeal determined that the appeal was incompetent because leave to appeal from the interlocutory decision of the single judge had not been granted. The Court noted that an application for leave to appeal had previously been dismissed, and no new material or arguments were presented to justify a different outcome. Applying section 46(2)(b) of the Supreme Court Act 1970 (NSW), the Court held that a single judge of the Court of Appeal has the power to strike out an incompetent appeal. The Court further found that the Registrar had the power to strike out an incompetent appeal, as this power could be delegated by a judge of appeal under rule 58 of the Supreme Court Rules (NSW).

Consequently, the Court of Appeal ordered that the appeal be struck out as incompetent and refused leave to appeal. Mr Macatangay was ordered to pay the costs of the State of New South Wales in relation to the appeal, certain mentions, and a summons, subject to any existing cost orders.