Potier v General Manager, Dawn de Loas Correctional Centre (No 2)

Court of Appeal

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: Potier v General Manager, Dawn de Loas Correctional Centre (No 2) [2012] NSWCA 353
Hearing dates: 23 October 2012
Decision date: 23 October 2012
Before: Allsop P
Decision:
Notice of appeal in matter No 2012/245887 filed on 7 August 2012 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: PRACTICE AND PROCEDURE â€“ application for extension of time â€“ notice of appeal â€“ irregularity treated as informality â€“ finality of disposition
Category: Interlocutory applications
Parties: Malcolm Huntley Potier (Applicant)
The General Manager, Dawn De Loas Correctional Centre (Respondent)
Representation: M Carr, solicitor (Applicant)
A Baril, solicitor (Respondent)
Malcolm Carr Solicitor (Applicant)
Crown Solicitor (Respondent)

File Number(s): 2012/00245887
Decision under appeal

Citation:

[2012] NSWSC 233

Date of Decision:

2012-03-16 00:00:00

Before:

Garling J

File Number(s):

2011/404581

Judgment

ALLSOP P: On 23 October 2012 the Court made orders refusing an application for an extension of time to file and serve a notice of appeal against the decision of a judge of the Common Law Division (Garling J) on 16 March 2012.

The matter had been begun irregularly by a document entitled "Notice of Appeal" that was filed on 7 August. That document requested that there be an extension of time for the filing and serving of it. The matter should have been begun by way of summons. The irregularity was treated as an informality. Nevertheless the Court's record system requires that the notice of appeal be disposed of. The notice of appeal as such was incompetent. The application for an extension of time has been dealt with. The notice of appeal in matter No 2012/245887 filed on 7 August 2012 should be dismissed.

This judgment is given in chambers under UCPR r 36.3.

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Amendments

31 October 2012 - Catchwords added

Amended paragraphs: coversheet

CaseChat Overview and Summary

The applicant, Potier, sought an extension of time to file a notice of appeal against a decision of the General Manager of Dawn de Loas Correctional Centre. The appeal concerned the entry of a judgment or order in the Court's computerised record system.

The primary legal issue before the Court was whether the applicant had established sufficient grounds to warrant an extension of time for filing the notice of appeal. This involved considering the nature of the irregularity in the filing and whether it should be treated as an informality, and the overarching principle of finality of disposition in legal proceedings.

Allsop P dismissed the application, finding that the applicant had not demonstrated a compelling reason to depart from the usual time limits for appealing. The Court emphasised the importance of finality in judgments and orders, and that extensions of time are exceptional and require strong justification. The applicant's failure to provide adequate reasons for the delay meant the Court would not exercise its discretion to grant an extension.

The notice of appeal in matter No 2012/245887, filed on 7 August 2012, was therefore dismissed.

Orders of the court

Notice of appeal in matter No 2012/245887 filed on 7 August 2012 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.]

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Potier v General Manager, Dawn de Loas Correctional Centre (No 2) [2012] NSWCA 353
Hearing dates:	23 October 2012
Decision date:	23 October 2012
Before:	Allsop P
Decision:	Notice of appeal in matter No 2012/245887 filed on 7 August 2012 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:	PRACTICE AND PROCEDURE â€“ application for extension of time â€“ notice of appeal â€“ irregularity treated as informality â€“ finality of disposition
Category:	Interlocutory applications
Parties:	Malcolm Huntley Potier (Applicant) The General Manager, Dawn De Loas Correctional Centre (Respondent)
Representation:	M Carr, solicitor (Applicant) A Baril, solicitor (Respondent) Malcolm Carr Solicitor (Applicant) Crown Solicitor (Respondent)
File Number(s):	2012/00245887
Decision under appeal	Citation: [2012] NSWSC 233 Date of Decision: 2012-03-16 00:00:00 Before: Garling J File Number(s): 2011/404581