Collins v Attorney General of New South Wales [2013] NSWCA 208

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Collins v Attorney General of New South Wales [2013] NSWCA 208 Hearing dates: 28 June 2013 Decision date: 09 July 2013 Before: McColl JA at [1], Gleeson JA at [35] Decision: Application for extension of time to file the summons for leave to appeal 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: APPEAL - extension of time for leave to appeal - where applicant tutor sought leave to appeal against costs order against him personally - whether adequate explanation for delay - whether applicant had a fairly arguable case

COSTS - liability of tutor for costs Legislation Cited: Civil Procedure Act 2005 Mental Health Act 2007 Mental Health (Forensic Provisions) Act 1990 Uniform Civil Procedure Rules

International Covenant on the Rights of Persons with Disabilities Cases Cited: Adams by her next friend O'Grady v State of New South Wales [2008] NSWSC 1257 Adams by her next friend O'Grady v State of New South Wales (No 2) [2008] NSWSC 1394 Chand v RailCorp [2010] NSWCA 233 Farrell v Royal Kings Park Tennis Club (Inc) [2007] WASCA 173 Gallo v Dawson [1990] HCA 30; (1990) 64 ALJR 458 Jaffari v Grabowski [2012] NSWCA 425 Jaffari v Grabowski [2013] NSWCA 114 NSW Insurance Ministerial Corporation v Abualfoul [1999] FCA 433; (1999) 94 FCR 247 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 Yakmor v Hamdoush (No 2) [2009] NSWCA 284; (2009) 76 NSWLR 148 Category: Principal judgment Parties: Brett Anthony Collins - Applicant Attorney General of New South Wales - Respondent Representation: Counsel: Applicant in person A E Munro - Respondent Solicitors: Applicant in person I V Knight, Crown Solicitor - Respondent File Number(s): CA 2013/29443 Publication restriction: No Decision under appeal Citation: A by his Tutor Brett Anthony Collins v Mental Health Review Tribunal [2010] NSWSC 1363 Date of Decision: 2010-11-26 00:00:00 Before: Johnson J File Number(s): SC 2010/62963