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

[2012] NSWCA 353

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 – application for extension of time – notice of appeal – irregularity treated as informality – 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

1. 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.

1. 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.

1. This judgment is given in chambers under UCPR r 36.3.

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Amendments

31 October 2012 - Catchwords added

Amended paragraphs: coversheet

Decision last updated: 31 October 2012