Collier v Lancer (No 2) [2013] NSWCA 186

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Collier v Lancer (No 2) [2013] NSWCA 186 Hearing dates: 12 June 2013 Decision date: 21 June 2013 Before: Ward JA Leeming JA Decision: 1. Grant leave to extend the time for filing of the applicant's Summons Seeking Leave to Appeal to 29 January 2013. 2. Dismiss applicant's Summons Seeking 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: PROCEDURE - whether extension of time to file summons seeking leave to appeal should be granted - whether leave to appeal should be granted from summary dismissal of proceedings - whether question of principle, public importance or circumstances where it is reasonably clear that an injustice has occurred by reason of error in the judgment the subject of the leave application going beyond what is merely arguable - where applicant seeking to re-agitate issues already determined in other proceedings relating to refusal of leave to withdraw guilty plea Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 BHP Petroleum Pty Ltd v Oil Basins Ltd [1985] VR 756 Brimson v Rocla Concrete Pipes Limited [1982] 2 NSWLR 937 Darrell Lea (Vic) Pty Ltd v Union Assurance Society of Australia Ltd [1969] VR 401 Dey v Victorian Railways Commissioner (1949) 78 CLR 62 Dunn v Ross Lamb Motors [1978] 1 NSWLR 26 General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Johnson Tiles Pty Ltd v Esso Australia Ltd (2000) 104 FCR 564 Minogue v Williams (2000) 60 ALD 366 Niemann v Electronic Industries Ltd [1978] VR 431 Shaw v State of New South Wales [2012] NSWCA 102 Spencer v Commonwealth [2010] HCA 28; (2010) 241 CLR 118 The Age Company Ltd v Liu [2013] NSWCA 26 Webster v Lampard (1993) 170 CLR 598 Zelden Sewell Henamast Pty Ltd [2011] NSWCA 56 Category: Principal judgment Parties: Marion Louise Collier (Applicant) Constable Kate Lancer (First Respondent) Local Court of New South Wales (Second Respondent) Magistrate Jan Stevenson (Third Respondent) Representation: Solicitors: I V Knight, Crown Solicitor (First Respondent) Counsel: Mrs Collier (self represented) Ms Baker (solicitor advocate for First Respondent) File Number(s): 13/027475 Decision under appeal Citation: Collier v NSW Police Service [2012] NSWSC 1525 Date of Decision: 2012-11-29 00:00:00 Before: Adams J File Number(s): 12/201151