Irwin v State of New South Wales [2012] NSWCA 441

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Irwin v State of New South Wales [2012] NSWCA 441 Hearing dates: 11 December 2012 Decision date: 11 December 2012 Before: Hoeben JA at [1], [26] Ward JA at [2] Decision: Dismiss summons for leave to appeal with costs. [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: APPEAL - summons for leave to appeal - no issue of principle - small amount in dispute - findings of trial judge not glaringly improbable Legislation Cited: District Court Act 1973 (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Mental Health Act 2007 (NSW) Police Act 1990 (NSW) Cases Cited: Browne v Dunn (1829) 57 ER 909 Christie v Leachinsky [1947] AC 573 Devries v Australian National Railways Commission [1993] HCA 78; (1993) 177 CLR 472 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Johnstone v State of New South Wales [2010] NSWCA 70; (2010) 202 A Crim R 422 New South Wales v Delly [2007] NSWCA 303 State of New South Wales v Riley [2003] NSWCA 208; (2003) 57 NSWLR 496 Category: Principal judgment Parties: David Leslie Irwin (Applicant) State of New South Wales (Respondent) Representation: Counsel: Ms A Moen (Applicant) G Bateman (Respondent) Solicitors: Emery Partners (Applicant) Crown Solicitors Office (Respondent) File Number(s): CA 12/107759 Decision under appeal Date of Decision: 2010-03-09 00:00:00 Before: Balla DCJ File Number(s): 09/339417