Chen v State of New South Wales [2013] NSWCA 13

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Chen v State of New South Wales [2013] NSWCA 13 Hearing dates: 6 February 2013 Decision date: 06 February 2013 Before: Allsop P Decision: 1. Grant leave to file in court a summons for leave to appeal. 2. The appeal and the application for leave to appeal be heard concurrently. 3. The notice of motion dated 12 December 2012 concerning competency be stood over to the concurrent hearing of the appeal and leave to appeal. 4. Costs of the motion concerning competency be reserved to the appeal court. 5. The application for security for costs be dismissed with costs. 6. The applicants file submissions of no more than 5 pages concerning the question of the orders to be made by the appeal court if the appeal be successful. Catchwords: PRACTICE AND PROCEDURE - no question of principle Category: Procedural and other rulings Parties: Irene Rui Chen (First Appellant) Gong Xiang Xuan (Second Appellant) State of New South Wales (Respondent) Representation: C Evatt (First and second appellants) Wisdom Lawyers (First and second appellants) Makinson & d'Apice Lawyers (Respondent) File Number(s): 2012/286030 Decision under appeal Citation: Chen v State of NSW [2012] NSWDC 126 Date of Decision: 2012-08-17 00:00:00 Before: Johnstone DCJ File Number(s): DC 2011/54439