Singh v Hicks and Nissan [2021] NSWCA 80

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Singh v Hicks and Nissan [2021] NSWCA 80 Hearing dates: 7 May 2021 Date of orders: 10 May 2021 Decision date: 10 May 2021 Before: Gleeson JA at [1] Leeming JA at [23] Decision: (1) That "NSW Police" be removed as the respondent in this proceeding and Robert Hicks and John Nissan be substituted as the first and second respondents. (2) Refuse to extend time for the filing of the summons seeking leave to appeal to 22 January 2021. (3) Summons seeking leave to appeal be dismissed. (4) Applicant to pay the respondents' costs. Catchwords: APPEALS – application for leave – applicant convicted in Local Court of offences contrary to Inclosed Lands Protection Act 1901 (NSW) – District Court dismissed conviction and sentence appeal and confirmed orders in Local Court – where applicant refused leave to appeal to Supreme Court from interlocutory orders made in Local Court – no issue of principle or question of general importance – whether Court should extend time for filing of summons – no utility in an appeal where orders of District Court stand unreversed Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), Pt 5, s 53 Criminal Procedure Act 1986 (NSW), s 173 Inclosed Lands Protection Act 1901 (NSW), ss 4(1), 9A Supreme Court Act 1970 (NSW), ss 69, 101(2)(h) Supreme Court Rules 1970 (NSW), Pt 51B, rr 3, 10(1) Uniform Civil Procedure Rules 2005 (NSW), r 51.10 Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Dyason v Butterworth [2015] NSWCA 52 Jackamarra v Krakouer (1998) 195 CLR 516; [1998] HCA 27 Jamal v Director of Public Prosecutions (NSW) [2019] NSWCA 121 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 Singh v NSW Police [2020] NSWSC 1214 Stephens v Director of Public Prosecutions (NSW) [2019] NSWSC 761 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Category: Principal judgment Parties: Tirath Singh (Applicant) Senior Constable Robert Hicks (First respondent) Senior Constable John Nissan (Second respondent) Representation: Counsel: Mr T Singh (Self-represented) (Applicant) Ms N Oreb (Respondents)