Jamal v State of New South Wales [2014] NSWCA 199

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jamal v State of New South Wales [2014] NSWCA 199 Hearing dates: 18 June 2014 Decision date: 27 June 2014 Before: McColl JA at [1]; Basten JA at [2] Decision: (1) Dismiss the application to extend time within which to file a notice of appeal. (2) The summons seeking leave to appeal not having been timeously filed and served is struck out. (3) The applicant shall pay the respondent's costs in this Court. [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 AND PROCEDURE - appeal - decision of Appeal Panel of Administrative Decisions Tribunal - application to extend time - notice of intention to appeal filed out of time - summons seeking leave to appeal filed shortly out of time - summons not served until a month after filing - no explanation of delay - whether prejudice to respondent from delay - whether applicant has a fairly arguable case - Uniform Civil Procedure Rules 2005, r 51.9 Legislation Cited: Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Administrative Decisions Tribunal Act 1997 (NSW), ss 89, 112, 119 Civil and Administrative Tribunal Amendment Act 2013 (NSW), Sch 2 Interpretation Act 1987 (NSW), s 76 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 51.2, 51.8, 51.9, 51.16 Cases Cited: Tomko v Palasty (No 2) [2007] NSWCA 369; 71 NSWLR 61 Category: Principal judgment Parties: Jon Jamal (Applicant) State of New South Wales (Respondent) Representation: Counsel: Applicant self-represented Mr J Mattson, Solicitor (Respondent) Solicitors: Applicant self-represented Bartier Perry (Respondent) File Number(s): CA 2014/10462 Decision under appeal Jurisdiction: 9113 Date of Decision: 2013-11-25 00:00:00 Before: D Patten - Deputy President A Scahill - Judicial Member J Newman File Number(s): ADT 139032