NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Doyle v AA; Doyle v Lewis; Doyle v PP (No 3) [2023] NSWCA 281 Hearing dates: 17 November 2023 Date of orders: 17 November 2023 Decision date: 27 November 2023 Before: Ward P; Gleeson JA; Basten AJA Decision: 1. Strike out the Notice of Appeal filed on 24 February 2023. 2. Order that the Appellant pay the Respondent's costs. 3. The Appellant's Notice of Motion filed 5 April 2023 (which was stood over by Griffiths AJA to the hearing of the appeal) is dismissed with costs. 4. The Appellant's Notice of Motion filed 22 September 2023 is dismissed with costs. Catchwords: CIVIL PROCEDURE – Summary disposal – Dismissal of proceedings – Where appellant had filed notices of appeal 5, 11 and 15 months out of time – Where grounds of appeal had not been properly articulated or did not disclose arguable error – Whether extension of time to file notices of appeal should be granted Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-60 Uniform Civil Procedure Rules 2005 (NSW), rr 7.14, 51.16 Cases Cited: Bi v Mourad [2010] NSWCA 17 DD v AA; DD v Lewis; DD v PP (No 2) [2023] NSWCA 260 DD v AA; DD v Lewis; DD v PP [2023] NSWCA 140 DD v PP [2022] NSWCA 98 Doulaveras v Daher [2009] NSWCA 58 Gilmore Finance Pty Ltd v Aesthete No 3 Pty Ltd [2020] NSWCA 114 PP v DD [2021] NSWSC 1157 Tomlinson V Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28 Trustees for the Roman Catholic Church for the Diocese of Bathurst v Hine [2016] NSWCA 213 Category: Principal judgment Parties: 2023/00063182 (PD v Lewis)
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