Edwards v State of New South Wales [2022] NSWCA 144

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Edwards v State of New South Wales [2022] NSWCA 144 Hearing dates: 08 August 2022 Decision date: 08 August 2022 Before: Leeming JA Decision: Notice of motion filed 29 July 2022 dismissed with costs. Catchwords: PRACTICE – appeals – application to vacate – absence of evidence to explain why appeal could not proceed – heavy burden accompanying such applications – application refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 59 Uniform Civil Procedure Rules, r 42.1 Cases Cited: Bovaird v Frost [2013] NSWCA 91 Menzies v Paccar Financial Pty Ltd (No 2) [2014] NSWCA 2 Penson v Titan National Pty Ltd [2015] NSWCA 382 Category: Procedural rulings Parties: Matthew Edwards (Appellant/Applicant) State of New South Wales (Respondent) Representation: Counsel: Applicant in person A Williams, T Buterin (Respondent)

Solicitors: Crown Solicitor's Office (Respondent) File Number(s): 2021/00094958 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2021] NSWSC 181 Date of Decision: 4 March 2021 Before: Walton J File Number(s): 2014/00349652

[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.]