NSW Caselaw
New South Wales Court of Appeal
CITATION: McMurtrie v Commonwealth of Australia [2006] NSWCA 148 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 11 May 2006
JUDGMENT DATE: 16 June 2006
JUDGMENT OF: Hodgson JA at 1; Ipp JA at 8; Basten JA at 78
DECISION: Application for leave to appeal is dismissed with costs
CATCHWORDS: PRACTICE AND PROCEDURE - unrepresented litigant - whether appellant was denied procedural fairness - role of trial judge in ensuring that litigant receives a fair hearing (ND)
Aboriginal and Torres Strait Islander Commission Act 1989 (Cth) Aboriginal and Torres Strait Islander Commission Amendment Act 2005 (Cth) LEGISLATION CITED: Evidence Act 1955 (NSW) Fair Trading Act Trade Practices Act 1974 (Cth)
Australian Woollen Mills Pty Ltd v The Commonwealth (1954) 92 CLR 424 and (1955) 93 CLR 546 (PC) Civil Aviation Safety Authority v Sydney Heli-Scenic Pty Ltd [2006] NSWCA 111 Helton v Allen (1940) 63 CLR 691 John Fairfax & Sons Ltd v Australian Telecommunications Commission [1977] 2 NSWLR 400 CASES CITED: Malouf v Malouf [2006] NSWCA 83 Placer Development Ltd v The Commonwealth (1969) 121 CLR 353 Reisner v Bratt [2004] NSWCA 22 Suttor v Gundowda Pty Limited (1950) 81 CLR 418 Victims Compensation Fund Corporation v Nguyen (2001) 52 NSWLR 213 Watson v Foxman (1995) 49 NSWLR 315
PARTIES: Mark McMurtrie v Commonwealth of Australia
FILE NUMBER(S): CA 40581/05
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