MACATANGAY v STATE OF NEW SOUTH WALES [2009] NSWCA 81

New South Wales Court of Appeal

CITATION: MACATANGAY v STATE OF NEW SOUTH WALES [2009] NSWCA 81

HEARING DATE(S): 30 March 2009

JUDGMENT DATE: 9 April 2009

JUDGMENT OF: Basten JA at 1

(1) Grant the applicant an extension of time within which to seek review of the decision of the Registrar striking out the notice of appeal as incompetent, on 17 May 2007, to the date of the present hearing, namely 30 March 2009.

DECISION: (2) Set aside the decisions of the Registrar to strike out the notice of appeal and the order that the applicant pay the respondent's costs.

(3) Order the respondent to pay the costs of the present application, limited to those available to a litigant in person.

CATCHWORDS: APPEAL – appeal from order of Registrar striking out notice of appeal – Registrar's power to strike out appeal as incompetent – prospects of success where previous leave application – issues raised unresolved in earlier leave application – whether judgment interlocutory or final – where trial judge relied on case subsequently overturned - PROCEDURE – review of Registrar's decision – criteria for extension of time –self-represented litigant – statutory scheme unclear – attempts to obtain alternative relief – no prejudice asserted by respondent – Supreme Court Rules 1970 (NSW), Pt 61, r 3 – Uniform Civil Procedure Rules 2005 (NSW), rr 1.12, 49.20 - PROCEDURE – Registrar's powers – conferral of powers of single appeal judge – delegation of power – power to strike out incompetent appeal – Civil Procedure Act 2005 (NSW), s 13 – Supreme Court Act 1970 (NSW), s 46 – Supreme Court Rules 1970 (NSW), Pt 51, r 58

Civil Procedure Act 2005 (NSW), s 13 LEGISLATION CITED: Supreme Court Act 1970 (NSW), ss 46, 101 Supreme Court Rules 1970 (NSW), Pt 51, rr 8, 58; Pt 60, r 11; Pt 61, rr 3, 4 Uniform Civil Procedure Rules 2005 (NSW), rr 1.12, 13.4, 49.20, 51.59