Visser v New South Wales Crime Commission [2013] NSWCA 467

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Visser v New South Wales Crime Commission [2013] NSWCA 467 Hearing dates: 19 December 2013 Decision date: 19 December 2013 Before: Basten JA; Meagher JA Decision: (1) Order that the third applicant be removed from the proceedings as an applicant and be joined as the second respondent. (2) Dismiss the application for leave to appeal. [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: CONTRACT - judgment entered by consent in proceedings under Criminal Assets Recovery Act 1990 (NSW) - motion under Contracts Review Act 1980 (NSW) to set aside consent orders

PROCEDURE - civil - application for leave to appeal - adjournment sought to obtain legal aid - legal aid refused for trial - unlikely prospect of grant of legal aid - application for legal aid belated

PROCEDURE - civil - application for leave to appeal - parties - tutor required for applicant under 18 years of age - conflict between interests of proposed tutor and child applicant - child applicant to obtain no benefit from success of application - child applicant removed as applicant and joined as respondent Legislation Cited: Supreme Court Act 1970 (NSW), s 75A Category: Principal judgment Parties: John Visser (First applicant) Donna-Marie Lewis (Second applicant) New South Wales Crime Commission (First Respondent) Sharnielle Visser-Lewis (Second Respondent) Representation: Counsel: