Choi v Secretary, Department of Communities and Justice [2022] NSWSC 190

Supreme Court New South Wales

Medium Neutral Citation: Choi v Secretary, Department of Communities and Justice [2022] NSWSC 190 Hearing dates: On the papers Date of orders: 9 March 2022 Decision date: 09 March 2022 Jurisdiction: Common Law Before: Bellew J Decision: (1) An extension of time in which to file the summons is refused. (2) The summons is dismissed. (3) Absent an agreement as to costs, the parties are to provide written submissions not exceeding one page to my Associate within 7 days. Catchwords: CIVIL PROCEDURE – Application for an extension to file a summons seeking leave to appeal from a decision of the Appeal Panel of the NSW Civil and Administrative Tribunal – Where no proper grounds of appeal articulated – Where extension of time would be futile – Where a refusal of an extension of time would not be unjust in circumstances where the applicant sought to re-agitate a series of matters consistently determined against her in the context of a dispute dating back to 2018 – Where the applicant required an leave to appeal even if an extension of time were granted – Where reasons of the Panel disclosed no error such that any appeal would have little prospect of success– Application for extension of time refused – Summons dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Choi v Secretary, Department of Communities and Justice [2019] NSWCATAD 154 Choi v Secretary, Department of Communities and Justice [2021] NSWCATAP 8 Currabubula Holdings Pty Ltd v State Bank of New South Wales [2000] NSWSC 232 Shamieh trading as Consolidated Lawyers v Easy Buy International Pty Limited [2010] NSWSC 970 Category: Principal judgment Parties: Jae Hee Choi – Applicant Secretary, Department of Communities and Justice – Respondent Representation: Counsel: Self-represented – Applicant J Cahill (Solicitor) – Respondent