Potier v General Manager, Dawn De Loas Correctional Centre
Case
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[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.
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
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Jurisdiction
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Procedural Fairness
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Most Recent Citation
Jenkings v Northern Territory of Australia (No 2) [2018] FCA 1706
Cases Citing This Decision
3
Potier v Attorney General (NSW)
[2015] NSWCA 129
Attorney General in and for the State of New South Wales v Potier
[2014] NSWSC 118
Jenkings v Northern Territory of Australia (No 2)
[2018] FCA 1706
Cases Cited
1
Statutory Material Cited
1