Patsalis v Attorney General for the State of New South Wales [2013] NSWCA 98

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Patsalis v Attorney General for the State of New South Wales [2013] NSWCA 98 Hearing dates: 17 April 2013 Decision date: 17 April 2013 Before: Basten JA Decision: (1) Grant leave to the applicant to file an amended summons in the form of the "Draft amended summons seeking leave to appeal" dated 10 April 2013. (2) Treat the statement of the nature of the case in that document as submissions in support of the application. (3) Direct that following consultation with the applicant, the Attorney file and serve an appropriate notice under s 78B of the Judiciary Act 1903 (Cth). (4) Give leave to the parties to file and serve further submissions in accordance with the following timetable: (a) any supplementary submissions on the part of the applicant, by 26 April 2013; (b) any further submissions on behalf of the Attorney General, by 24 May 2013; (c) any submissions in reply for the applicant, by 4 June 2013. (5) Direct that the parties confer for the purpose of preparing a white folder containing the material necessary to be provided to the Court for the hearing of the summons. (6) Direct that so much of the first respondent's notice of motion filed 15 March 2013 as has not been disposed of, be stood over to the hearing of the summons. (7) Refer the matter to the Registrar to fix a date for hearing of the summons with appropriate expedition. (8) Costs of today be costs in the summons proceedings. [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: ADMINISTRATIVE LAW - judicial review - whether proceedings for prerogative relief against non-judicial decision of a Supreme Court judge properly commenced in the Court of Appeal