Potier v General Manager, Dawn De Loas Correctional Centre

Case

[2012] NSWCA 352

23 October 2012


Details
AGLC Case Decision Date
Potier v General Manager, Dawn De Loas Correctional Centre [2012] NSWCA 352 [2012] NSWCA 352 23 October 2012

CaseChat Overview and Summary

The applicant, Potier, sought an extension of time to file and serve a notice of appeal against a decision of the Supreme Court made on 16 March 2012. The respondent was the General Manager of Dawn De Loas Correctional Centre. The application was heard by Allsop P.

The central legal issue before the Court was whether an extension of time should be granted for the applicant to appeal the Supreme Court's decision. This required the Court to consider whether there was an arguable error in the primary judge's decision or a question of principle that warranted appellate review.

Allsop P refused the application for an extension of time. The reasoning was that there was no arguable error by the primary judge and no question of principle raised by the matter that justified granting an extension. Consequently, the application was refused.

The orders made by the Court were that the application for an extension of time be refused, with costs awarded to the respondent.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

  • Procedural Fairness