Monteiro v State of New South Wales [2022] NSWCA 126

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Monteiro v State of New South Wales [2022] NSWCA 126 Hearing dates: 11 July 2022 Date of orders: 15 July 2022 Decision date: 15 July 2022 Before: Meagher JA Decision: (1) Direct that the appellant file and serve any notice of motion that the Court receive additional evidence on the hearing of the appeal by 15 September 2022. (2) Direct that the affidavit evidence relied on as establishing the grounds for the application in order 1 and the evidence which the appellant wants the Court to receive on the hearing of the appeal be filed and served by 15 September 2022. (3) Direct that the appellant file and serve by 15 September 2022 an amended notice of appeal which includes a statement of the specific grounds relied on in support of the appeal in accordance with UCPR r 51.18(1)(e). (4) Direct that the appellant file and serve his written submissions in support of the appeal by 15 September 2022. (5) In the event that the appellant does not file and serve such written submissions and an amended notice of appeal by 15 September 2022, order that the appeal be dismissed and that the appellant pay the respondent's costs of the appeal. (6) Order that the appellant pay the respondent's costs of the hearing on 11 July 2022. Catchwords: CIVIL PROCEDURE – Court of Appeal – show cause hearing – where consistent failure to comply with directions for filing and service of submissions – where reasons given for failure include pending application for legal aid and attempts to obtain legal representation – where existing notice of appeal deficient – appellant given final opportunity to file submissions and amended notice of appeal Legislation Cited: Civil Procedure Act 2005 (NSW), s 58 Crimes (High Risk Offenders) Act 2006 (NSW), s 13 Uniform Civil Procedure Rules 2005 (NSW), rr 12.7, 51.18(1)(e) Cases Cited: Ghosh v NineMSN Pty Ltd [2015] NSWCA 334 Witten v Lombard Australia Ltd [1968] 2 NSWR 529 Category: Procedural rulings Parties: Simon Monteiro (Appellant) State of New South Wales (Respondent) Representation: Counsel: