State of New South Wales v Hage-Ali [2011] NSWCA 31

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Hage-Ali [2011] NSWCA 31 Hearing dates: 18 February 2011 Decision date: 18 February 2011 Before: Tobias JA at [1] Whealy JA at [13] Sackville AJA at [14] Decision: Leave to appeal granted on 21 April 2010 be revoked. The summons for leave to appeal filed on 14 January 2010 be dismissed. The appellant is to pay the respondent's costs of the summons for leave to appeal and of the appeal today, the latter on an indemnity basis and to include the costs of retaining senior and junior counsel and solicitors. I note that the consequence of the foregoing is that the orders for costs made by the primary judge stand, whatever they may have been. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - leave to appeal - basis of leave granted being question of construction - notice of appeal failed to raise any question of construction - when leave is granted, appeal should be conducted on that basis - leave revoked - consideration of the administration of justice Legislation Cited: Law Enforcement (Powers and Responsibilities) Act 2002 Category: Principal judgment Parties: State of New South Wales Iktimal Hage-Ali Representation: Counsel: A: P Bodor QC / P Saidi R: A G Melick SC / J Sheller / G O'Mahoney Solicitors: A: I V Knight, Crown Solicitors, Sydney R: Greg Walsh, Oatley File Number(s): CA 2010/13382 Publication restriction: NON PUBLICATION ORDER AS TO IDENTITY OF MR B Decision under appeal Citation: Hage-Ali v State of New South Wales [2009] NSWDC 266 Date of Decision: 2009-10-14 00:00:00 Before: Elkaim J File Number(s): DC 2007/1883