Donaldson v State of New South Wales [2020] NSWCA 329

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Donaldson v State of New South Wales [2020] NSWCA 329 Hearing dates: 14 December 2020 Date of orders: 14 December 2020 Decision date: 14 December 2020 Before: Basten JA Decision: (1) Dismiss the summons seeking leave to appeal filed on 29 October 2020. (2) Order that the applicant pay the costs of the State of New South Wales. Catchwords: APPEALS – application for leave to appeal – proposed appeal incompetent – appeal from refusal of earlier application for leave to appeal – appeals limited to appeals from judgments in a Division Legislation Cited: Supreme Court Act 1970 (NSW), ss 38, 43, 46, 46A, 46B, 101 Cases Cited: Kenneth Allan Donaldson v State of New South Wales [2018] NSWSC 1562 Category: Procedural and other rulings Parties: Kenneth Allan Donaldson (Applicant) State of New South Wales (Respondent) Representation: Counsel: Applicant unrepresented Ms H Allison (Solicitor) (Respondent)

Solicitors: Applicant unrepresented Crown Solicitor's Office (Respondent) File Number(s): 2020/307673 Decision under appeal Court or tribunal: Supreme Court of NSW, Court of Appeal Jurisdiction: Civil Citation: [2019] NSWCA 109 Date of Decision: 15 May 2019 Before: Macfarlan JA, Meagher JA File Number(s): 2018/335157

[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.]