SULLIVAN v ST GEORGE COMMUNITY HOUSING LIMITED [2010] NSWCA 248

New South Wales Court of Appeal

CITATION: SULLIVAN v ST GEORGE COMMUNITY HOUSING LIMITED [2010] NSWCA 248

HEARING DATE(S): 24 September 2010

JUDGMENT DATE: 27 September 2010

JUDGMENT OF: Basten JA at 1

(1) Refuse to extend the time within which to file an application for leave to appeal from the judgment of the District Court delivered on 29 January 2010. DECISION: (2) Refuse leave to the applicant to amend his summons in order to seek relief under s 69 of the Supreme Court Act in relation to the proceedings in the District Court. (3) Dismiss the summons. (4) Order the applicant to pay the respondent's costs of the proceedings in this Court.

CATCHWORDS: ADMINISTRATION LAW - judicial review - whether District Court failed to accord procedural fairness - APPEAL - civil - whether appeal from District Court exercising appellate jurisdiction from Consumer, Trader and Tenancy Tribunal - jurisdiction arising under another Act - District Court Act 1973, ss4, 9, 44, 127 - PROCEDURE - amendment - leave to amend summons seeking leave to appeal to seek judicial review - whether arguable case of jurisdictional error - WORDS & PHRASES - "action" - District Court Act 1973 (NSW), ss 4, 9, 44, 127

Children (Care and Protection) Act 1987 (NSW), s 81 Children and Young Persons (Care and Protection) Act 1998 (NSW) Commercial Agents and Private Inquiry Agents Act 1963 (NSW) Compensation Court Repeal Act 2002 (NSW) LEGISLATION CITED: Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), ss 67, 68 Courts and Crimes Legislation Amendment Act 2008 (NSW), Schedule 5 [1] District Courts Act 1912 (NSW), s 142 District Court Act 1973 (NSW), ss 4, 9, 44, 127, 142N; Pt 3 Supreme Court Act 1970 (NSW), ss 69, 75A Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 4.15