Samootin v Shea [2013] NSWCA 312

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Samootin v Shea [2013] NSWCA 312 Hearing dates: 5 September 2013 Decision date: 20 September 2013 Before: McColl JA at [1]; Basten JA at [2]; Gleeson JA at [3] Decision: The applicant's notices of motion filed 4 December 2012, 22 March 2013 and 28 May 2013 are each dismissed. [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 - practice and procedure - application for review - s 46(4) Supreme Court Act 1970 - where proceedings dismissed by a single Judge of Appeal as an abuse of process - where an order in the type of Teoh v Hunters Hill Council (No 4) has been made - whether judge erred in not applying Convention on the Elimination of All Forms of Discrimination against Women

APPEAL - practice and procedure - s 38(a) Judiciary Act 1903 (Cth) - application for removal of proceedings to the High Court - where leave to issue or file a proceeding for removal to the High Court has been refused by a judge of the High Court Legislation Cited: Bankruptcy Act 1966 (Cth) Judiciary Act 1903 (Cth), ss 38, 40 Sex Discrimination Act 1984 (Cth), s 3 Supreme Court Act 1970, s 46(4) Uniform Civil Procedure Rules 2005, r 44.5 Cases Cited: Chow Hung Ching v R (1948) 77 CLR 449 Collier v Lancer [2013] NSWCA 185 In the Matter of an Application by Alexandra Minister of State for Immigration & Ethnic Affairs v Teoh (1995) 183 CLR 273 Re East; ex parte Nguyen [1998] HCA 73; 196 CLR 354 Re Judiciary and Navigation Acts [1921] HCA 20; 29 CLR 257 Samootin for Leave to Issue a Proceeding (S30/2013, Gageler J, 22 August 2013, unreported) Samootin v Hannigan [2012] FCA 462 Samootin v Shea [2011] HCASL 120 Scott v Bowden [2002] HCA 60; 194 ALR 593 Teoh v Hunters Hill Council (No 4) [2011] NSWCA 324; 81 NSWLR 771 Texts Cited: Convention on the Elimination of All Forms of Discrimination against Women Category: Principal judgment Parties: Alexandra Samootin (Appellant) Christopher George Shea (First respondent) Peter John Deans (Second respondent) Loan Design Pty Ltd (Third respondent) S R Deans Pty Ltd (Fourth respondent) Giselle Monika Wagner (Fifth respondent) Adrian Holmes (Sixth respondent) Official Trustee in Bankruptcy (Seventh respondent) Supreme Court of New South Wales (Eighth respondent) The Federal Attorney General (Ninth respondent) The Attorney General of New South Wales (Tenth respondent) Representation: Counsel: Appellant in person Solicitors: Appellant in person File Number(s): 2012/173280 Decision under appeal Jurisdiction: 9003 Citation: [2012] NSWCA 378 Date of Decision: 2012-05-31 00:00:00 Before: Campbell JA File Number(s): 2012/173280