Potier v Arnott & Ors [2012] NSWCA 5

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Potier v Arnott & Ors [2012] NSWCA 5 Hearing dates: 31 October 2011 Decision date: 09 February 2012 Before: Handley AJA Decision: (1) Time for filing the summons for leave to appeal is extended to 29 April 2010. (2) Directions for referral for pro bono legal assistance refused. (3) The Registrar is directed not to list the application for leave to appeal until at least five weeks after publication of these reasons to give Mr Potier an opportunity to file further submission in support of his leave application. [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: PRACTICE & PROCEDURE - Felons Act 1981 - leave to commence proceedings - Summons for leave to appeal - pro bono legal assistance - application refused Legislation Cited: Correctional Centres Act 1952 Felons (Civil Proceedings) Act 1981 Legal Aid Commission Act 1979 Cases Cited: Arthur J S Hall & Co v Simons [2002] 1 AC 615 Castrique v Behrens (1861) 3 E&E 709 D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12, 223 CLR 1 Elguzouli-Daf v Commissioner of Police of the Metropolis [1995] QB 335 Flynn v The Queen [1949] HCA 38, 78 CLR 1 Gilding v Eyre (1861) 10 CBNS 592 Hamzy v Commissioner of Corrective Services [2011] NSWSC 120 Potier v General Manager MRRC [2007] NSWSC 1031 Potier v General Manager MRRC [2008] NSWSC 153 Smith v Commissioner of Corrective Services [1978] 1 NSWLR 317 CA Smith v Corrective Services Commission [1980] HCA 49, 147 CLR 134 Tectran Corporation Pty Ltd v Legal Aid Commission (1986) 7 NSWLR 340 Texts Cited: Res Judicata (p 12) Category: Principal judgment Parties: Malcolm Huntley Potier - Applicant David Arnott SC - 1st Respondent Director of Public Prosecutions NSW -2nd Respondent Attorney-General of NSW - 3rd Respondent McGowans Lawyers, T Healey SC - 4th Respondents The NSW Department of Corrective Services - 5th Respondent Legal Aid Commissioner of NSW - 6th Respondent Representation: Applicant in Person N/A Applicant in Person Mr FF Salama - McGowan Lawyers, no appearance for other respondents File Number(s): 2008/288581 Decision under appeal Citation: [2010] NSWSC 144 Date of Decision: 2010-03-09 00:00:00 Before: R S Hulme J File Number(s): SC 16303/2008; 16305/2008; 163007/2008; 16292/2008