Naidu v State of New South Wales (No. 2) [2020] NSWCA 170

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Naidu v State of New South Wales (No. 2) [2020] NSWCA 170 Hearing dates: 3 August 2020 Date of orders: 3 August 2020 Decision date: 03 August 2020 Before: White JA Decision: (1) Order that the purported notice of appeal filed on 18 December 2019 be dismissed as incompetent. (2) Order that the appellant pay the respondent's costs of the purported notice of appeal. Catchwords: Civil Procedure – Court of Appeal – Competency of Notice of Appeal – No issue of principle – Appeal dismissed Legislation Cited: Workers Compensation Act 1987 (NSW), ss 66, 67 Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 353 Cases Cited: Bryce v Department of Corrective Services [2009] NSWCA 188 Naidu v State of New South Wales [2020] NSWCA 147 Southern Cross Exploration NL v Fire and All Risks Insurance Co Limited (No. 2) (1990) 21 NSWLR 200 Category: Principal judgment Parties: Mala Ranjini Naidu (Applicant) State of New South Wales (Respondent) Representation: Counsel: S Wijesinghe, Solicitor (Applicant) F Doak (Respondent)

Solicitors: Oxbridge Associates (Applicant) Turks Legal (Respondent) File Number(s): 2019/397696

[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.]