NSW Caselaw
New South Wales Court of Appeal
CITATION: Chand v RailCorp [2010] NSWCA 233
HEARING DATE(S): 6 September 2010 JUDGMENT OF: McColl JA at 1
EX TEMPORE JUDGMENT DATE: 6 September 2010
1. Extend the time in which the applicant may file her summons seeking leave to appeal from the decision of the Administrative Decisions Tribunal Appeal Panel of 2 March 2010 to and including 28 June 2010. DECISION: 2. Dismiss the notice of motion filed by RailCorp on 12 July 2010. 3. Each party to bear her and its own costs of the two notices of motion.
CATCHWORDS: PROCEDURE– summons seeking leave filed out of time – extension of time for leave to appeal – explanation for delay – whether applicant has fairly arguable case - PROCEDURE – dismissal of summons seeking leave – failure to comply with rules – dictates of justice – Civil Procedure Act 2005 (NSW)
Administrative Decisions Tribunal Act 1977 (NSW) Anti-Discrimination Act 1977 (NSW) LEGISLATION CITED: Civil Procedure Act 2005 (NSW) Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005
CATEGORY: Procedural and other rulings
Bi v Mourad [2010] NSWCA 17 Chand v State Rail Authority [2007] NSWADT 90 Chand v Rail Corporation of NSW (No 2) [2009] NSWADTAP 27 CASES CITED: Chand v Rail Corporation of NSW (No 3) [2010] NSW ADTAP 11 Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 Micallef v ICI Australia Operations Pty Limited [2001] NSWCA 274 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61
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