Boulos v Martin (No 3) [2012] NSWCA 162

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Boulos v Martin (No 3) [2012] NSWCA 162 Hearing dates: 18 May 2012 Decision date: 18 May 2012 Before: Whealy JA at [1] Barrett JA at [12] Tobias AJA at [15] Decision: 1. Application dismissed. 2. Order that the applicant pay the costs of the respondent. [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: INTERLOCUTORY APPLICATION - application to review interlocutory decision dismissing appeal as incompetent - self-represented litigant - District Court Act 1973 (NSW), s 127(2)(c) - Uniform Civil Procedure Rules 2005 (NSW), r 51.22 - no affidavit filed identifying why leave was not required - whether the application should be regarded as competent simply because it was permitted to be filed by the Registrar - Supreme Court Act 1970 (NSW), s 46(4) - no basis to suggest earlier refusal of leave was unreasonable or unjust - application dismissed. Legislation Cited: - District Court Act 1973 (NSW) - s 127 - Supreme Court Act 1970 (NSW) - s 46(4) - Uniform Civil Procedure Rules 2005 (NSW) - r 51.22 Cases Cited: Lo v Iverach [2009] NSWCA 92 Category: Interlocutory applications Parties: Barry Boulos (Applicant) Dr Peter Martin (Respondent) Representation: Counsel: Barry Boulos (in person) (Applicant) G M Gregg (Respondent) Solicitors: Unrepresented (Applicant) DibbsBarker (Respondent) File Number(s): 2010/422495