Ekermawi v Harbour Radio Pty Ltd [2013] NSWCA 54

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ekermawi v Harbour Radio Pty Ltd [2013] NSWCA 54 Hearing dates: 8 March 2013 Decision date: 08 March 2013 Before: Beazley P; Barrett JA; Emmett JA Decision: The summons for leave to appeal is dismissed 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: REFUSAL OF LEAVE TO APPEAL - failure to bring appeal in appropriate court - Supreme Court Act, s 51 - self-represented litigant - Court's obligation to provide a fair hearing - provision of sufficient information as to the practice and procedure of the Court as is reasonably practicable to ensure a fair trial.

REFUSAL OF LEAVE TO APPEAL - Administrative Decisions Tribunal Appeal Panel refusal to extend time to appeal from Administrative Decisions Tribunal - no sufficiently arguable case that discretion exercised incorrectly. Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Supreme Court Act 1970 Cases Cited: Hamod v State of New South Wales [2011] NSWCA 375 Jeray v Blue Mountains City Council (No 2) (2010) NSWCA 367 Category: Principal judgment Parties: Sam Ekermawi (Applicant) Harbour Radio Pty Ltd (First Respondent) Nine Network Australia Pty Ltd (Second Respondent) Representation: Counsel: P D Lange (Applicant) K Eastman SC (Respondents) Solicitors: Baker & McKenzie (Respondents) File Number(s): CA 2012/51171 Publication restriction: No Decision under appeal Jurisdiction: 9111 Citation: Ekermawi v Administrative Decision Tribunal [2011] NSWSC 1503 Date of Decision: 2011-12-01 00:00:00 Before: Davies J File Number(s): SC 2011/335510