Avery v Registrar of Births, Deaths and Marriages [2014] NSWCA 303

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Avery v Registrar of Births, Deaths and Marriages [2014] NSWCA 303 Hearing dates: 22 August 2014 Decision date: 22 August 2014 Before: McColl JA (at [1], [30]), Basten JA (at [29]) Decision: Application for leave to appeal dismissed 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: APPEAL - leave - interlocutory appeal - matter resolved by final orders - application based on bias and failure to grant oral hearing - application lacking utility - grounds, if relevant, available in challenge to final orders Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) Births, Deaths and Marriages Registration Act 1995 (NSW) Births, Deaths and Marriages Regulation 2006 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Uniform Civil Procedure Rules (NSW) Cases Cited: Avery v Registrar of Births, Deaths and Marriages; Avery v State of New South Wales (Attorney General's Department) [2010] NSWCA 72; (2010) 79 NSWLR 354 Avery v Registrar, Births Deaths and Marriages [2013] NSWADT 298 Avery v Registrar, Births Deaths and Marriages (No 2) [2014] NSWCATAP 43 Cornelius v Global Medical Solutions Australia Pty Ltd [2014] NSWCA 65; (2014) 98 ACSR 301 Gerlach v Clifton Bricks Pty Ltd [2002] HCA 22; (2002) 209 CLR 478 Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; (2011) 244 CLR 427 Category: Principal judgment Parties: Stephanie Tatiana Patricia Avery - Applicant Registrar of Births, Deaths and Marriages Registry - First Respondent NSW Civil and Administrative Tribunal - Second Respondent Representation: Solicitors: Applicant in person Crown Solicitor - M Dalla-Pozza - First and Second Respondent File Number(s): 2014/179773 Publication restriction: No Decision under appeal Citation: [2014] NSWCATAP 19 Date of Decision: 2014-05-20 00:00:00 Before: Hennessy LCM Deputy President, S Frost, Senior Member, P Smith, General Member File Number(s): 1390051