Partington v Pacific Link Housing Ltd [2013] NSWCA 259

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Partington v Pacific Link Housing Ltd [2013] NSWCA 259 Hearing dates: 19 July 2013 Decision date: 09 August 2013 Before: Emmett JA at [1]; Leeming JA at [1]; Sackville AJA at [1] Decision: 1. Dismiss Mr Partington's motion filed 29 April 2013. 2. Order that Mr Partington pay Pacific Link's costs of his motion filed 29 April 2013 as agreed or assessed. 3. Vary order 4 made on 25 March 2013 by Ward JA so that it provides: "Direct that Mr Partington be ordered to pay into the Registry of the Supreme Court of New South Wales the sum of $10,000 no later than 28 days from today, in default of which the proceedings are dismissed without further order." 4. Otherwise dismiss Pacific Link's motion filed 4 July 2013, with no order as to the costs of that motion. [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 - review of decision of single judge of appeal: Supreme Court Act 1970, s 46 - extension of time - whether applicant established bias or error of principle

APPEAL - no appeal lies from decision of Consumer, Trader and Tenancy Tribunal - no appeal lies from decision of District Court dismissing appeal from that tribunal - proceeding in the nature of judicial review - inapplicability of UCPR r 51.50 - power to order security for costs