Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Macatangay v State of New South Wales [2012] NSWCA 305 Hearing dates: On the papers Decision date: 21 September 2012 Before: Macfarlan JA Sackville AJA Tobias AJA Decision: The notice of motion filed by the applicant on 24 August 2012 seeking leave to file a further application is dismissed. [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.] Legislation Cited: N/A Cases Cited: Macatangay v State of New South Wales [2012] NSWCA 108 Macatangay v State of New South Wales, NSWCA, Handley and Sackville AJJA, unreported, 20 September 2010 Texts Cited: N/A Category: Procedural and other rulings Parties: Miguela Alvarez Macatangay (Applicant) State of New South Wales (Respondent) Representation: Counsel: N/A Solicitors: N/A File Number(s): 20144 of 2005 or 269316 of 2005 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 Judgment 1THE COURT: The Court has before it a notice of motion and a supporting affidavit filed by Miguela Alvarez Macatangay (the applicant) on 24 August 2012. 2The matter the subject of the notice of motion has a long history and its chronology has been set out in a previous judgment of this Court (Macatangay v State of New South Wales, NSWCA, Handley and Sackville AJJA, unreported, 20 September 2010). The matter has come before a number of judges of the Supreme Court and the Court of Appeal on a number of occasions. Most recently it was before the Court of Appeal on 16 April 2012 (Macatangay v State of New South Wales [2012] NSWCA 108). 3On that occasion the Court had before it two notices of motion filed by the applicant and one notice of motion filed by the State of New South Wales (the respondent). The Court dismissed the applicant's notices of motion which sought to re-agitate matters raised unsuccessfully on numerous previous occasions and, in accordance with the respondent's notice of motion, made an order restraining the applicant from making any further applications in matters 20144 of 2005 and 269316 of 2005 without leave of the Court. 4By the notice of motion presently before the Court, the applicant now seeks leave of the Court to file a further application in relation to proceedings 20144 of 2005 or 269316 of 2005. 5The applicant has provided nothing of substance in addition to what was before the Court on 16 April 2012, and therefore, for the same reasons set out by this Court on 16 April 2012, the notice of motion filed by the applicant on 24 August 2012 seeking leave to file a further application is dismissed. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 21 September 2012