Pham v State of New South Wales [2020] NSWCA 143

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Pham v State of New South Wales [2020] NSWCA 143 Hearing dates: 26 June 2020 Decision date: 13 July 2020 Before: White JA; Emmett AJA Decision: (1) The applicant's summons seeking leave to appeal be dismissed with costs. (2) The purported notice of appeal and amended notice of appeal dated 24 June 2019 and 26 July 2019 be dismissed as incompetent. (3) The applicant pay the respondent's costs of the purported notice of appeal and amended notice of appeal, including the costs of the respondent's notice of motion filed on 12 July 2019 in proceedings 2019/126103 to dismiss the appeal as incompetent. Catchwords: CIVIL PROCEDURE – Court of Appeal – Leave to appeal – Where issue sought to be raised on appeal was not appropriately identified at trial – Not demonstrated that the primary judge fell into error rising above merely arguable – Leave refused Legislation Cited: Crimes Act 1900 (NSW), s 545B Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13 Law Enforcement (Powers & Responsibilities Act 2002 (NSW), s 99 Uniform Civil Procedure Rules 2005 (NSW), r 42.15A Cases Cited: New South Wales v Robinson [2019] HCA 46; 94 ALJR 10 Pham v State of New South Wales [2019] NSWDC 73 Robinson v State of New South Wales [2018] NSWCA 231 Category: Procedural and other rulings Parties: David Pham (Applicant) State of New South Wales (Respondent) Representation: Counsel: H Sonmez (Applicant) N Newton (Respondent)