Schepis v Commonwealth of Australia [2013] NSWCA 354

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Schepis v Commonwealth of Australia [2013] NSWCA 354 Hearing dates: 18 September 2013 Decision date: 25 October 2013 Before: Beazley P at [1]; Leeming JA at [2] Decision: Leave to appeal refused, 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: PRACTICE - application for leave to appeal - proposed challenges to factual findings - proposed challenge to costs discretion based on "walk-away" offer by defendant - no substantial prospects of success - leave refused Legislation Cited: Criminal Code (Cth) Federal Court Rules 1979 (Cth) Federal Court Rules 2011 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: A v State of New South Wales [2007] HCA 10; 230 CLR 500 Alpine Hardwoods (Aust) Pty Ltd v Hardys Pty Ltd (No 2) [2002] FCA 224; (2002) 190 ALR 121 Australian Competition & Consumer Commission v Universal Music Australia Pty Ltd (No 2) [2002] FCA 192; 201 ALR 618 Australian Winch and Haulage Company Pty Ltd v Collins [2013] NSWCA 327 Commonwealth Life Assurance Society Ltd v Brain (1935) 53 CLR 343 Fyna Foods Australia Pty Ltd v Cobannah Holdings Pty Ltd (No 2) [2004] FCA 1212 Roads and Traffic Authority of NSW v Refrigerated Roadways Pty Ltd (No 2) [2009] NSWCA 336 Seven Network Ltd v News Ltd [2007] FCA 1489; (2007) 244 ALR 374 Vasram v AMP Life Ltd [2002] FCA 1286 Whitney v Dream Developments Pty Ltd [2013] NSWCA 188 Category: Principal judgment Parties: Anthony Demetrius Schepis (applicant) Commonwealth of Australia (respondent) Representation: Counsel: Applicant (in person) M Fisher (respondent) Solicitors: Australian Government Solicitor (respondent) File Number(s): 2013/128951 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-06-01 00:00:00 Before: Balla DCJ File Number(s): 2010/100590