Atkinson v Crowley [2011] NSWCA 194

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Atkinson v Crowley [2011] NSWCA 194 Hearing dates: 7 July 2011 Decision date: 19 July 2011 Before: Giles JA at 1; Basten JA at 2; Young JA at 46 Decision: (1) Direct that the proceedings brought by Clifford Atkinson be reframed so that the first and second respondents are Cameron Crowley and Eleanor Crowley. (2) Refuse Clifford Atkinson leave to appeal against the judgment of Smart AJ in the Common Law Division of 11 May 2010. (3) Order the applicant, Clifford Atkinson, to pay the costs of Cameron Crowley and Eleanor Crowley on the usual basis, and the costs of the Tribunal on a submitting basis. (4) Dismiss the application of Lisa Anne Atkinson for leave to cross-appeal against the judgment of Smart AJ delivered on 11 May 2010. (5) Order Lisa Anne Atkinson to pay the costs of Cameron Crowley and Eleanor Crowley of her leave application on the usual basis, and the costs of the Tribunal on a submitting basis. [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: ADMINISTRATIVE LAW - judicial review - substituted service - procedural fairness - duty to give notice - whether the defendants had opportunity to resist the proceedings in the Tribunal