Macatangay v State of New South Wales (No 2) [2009] NSWCA 272

Appeal Outcome: Special leave dismissed by the High Court, 30 March 2010 s258/2009 [2010] HCASL 42

New South Wales Court of Appeal

CITATION: Macatangay v State of New South Wales (No 2) [2009] NSWCA 272

HEARING DATE(S): 20 August 2009

JUDGMENT DATE: 4 September 2009

JUDGMENT OF: Allsop P at 1; Tobias JA at 1; Handley AJA at 1

1. Appeal struck out as incompetent. DECISION: 2. Leave to appeal refused. 3. The applicant to pay the costs of the State of the appeal, the mentions of 18 and 22 June 2009 and the summons of 16 July 2009 but without disturbing any existing orders for costs.

CATCHWORDS: APPEAL – appeals from summary dismissal - frivolous and vexatious proceedings - Uniform Civil Procedure Rules 2005 (NSW) r 13.4 – appeal from summary dismissal - decision interlocutory – leave to appeal required – appeal as of right incompetent - APPEAL – appeals from summary dismissal - application for leave to appeal – application previously dismissed - no new material or new argument - APPEAL – strike out of incompetent appeal – power of single Judge of Appeal to strike out incompetent appeal – order does not determine or decide the appeal – Supreme Court Act 1970 (NSW) s 46(2)(b) - INDUSTRIAL LAW - New South Wales - Industrial Relations Commission – unfair dismissal proceedings – jurisdiction to decide whether proceedings have been settled - PROCEDURE – Registrar's powers – conferral of powers of single appeal judge – delegation of power – power to strike out incompetent appeal – Supreme Court Rules (NSW) r 58 - Uniform Civil Procedure Rules 2005 (NSW) - r 13.4 - Supreme Court Act 1970 (NSW) - s 46(2)(b) - Supreme Court Rules (NSW) - r 58

Industrial Relations Act 1996 (NSW) Supreme Court Act 1970 (NSW) LEGISLATION CITED: Teaching Services Act 1980 (NSW) Supreme Court Rules 1970(NSW) Uniform Civil Procedure Rules 2005 (NSW)