Macatangay v State of New South Wales [2012] NSWCA 108

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Macatangay v State of New South Wales [2012] NSWCA 108 Hearing dates: 16 April 2012 Decision date: 16 April 2012 Before: Macfarlan JA at [13], [19]; Sackville AJA at [14]; Tobias AJA at [1], [18] Decision: 1. That Notices of Motion filed by the applicant on 27 September 2011 and 13 February 2012 be dismissed with costs, such costs to be paid on an indemnity basis. 2. Pursuant to the respondent's Notice of Motion filed on 11 November 2011, the applicant is restrained from making any further applications in matters 2005/20144 and 2005/269316 without leave of the Court. [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 AND PROCEDURE - Repetitious applications - Alleged abuse of process. Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Macatangay v State of New South Wales [2007] NSWSC 57 Macatangay v State of New South Wales (No 2) [2009] NSWCA 272 Macatangay v State of New South Wales [2010] HCASL 42 Macatangay v State of New South Wales (NSWSC, Hulme J, unreported, 20 May 2010) Macatangay v State of New South Wales (NSWSC, Handley & Sackville AJJA, unreported, 20 September 2010) Category: Procedural and other rulings Parties: Miguela Alvarez MACATANGAY (applicant) STATE OF NEW SOUTH WALES (respondent) Representation: Counsel: M A Macatangay in person. (applicant) A C Casselden (respondent) Solicitors: Unrepresented (applicant) Cameron Leslie Leaver, Hicksons Lawyers (respondent) File Number(s): 2005/269316 Decision under appeal Citation: Macatangay v State of New South Wales [2007] NSWSC 57 Date of Decision: 2007-02-09 00:00:00 Before: Grove J File Number(s): 2005/20144