Potier v State of New South Wales [2014] NSWCA 359

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Potier v State of New South Wales [2014] NSWCA 359 Hearing dates: 7 October 2014 Decision date: 23 October 2014 Before: Leeming JA Decision: Summons 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: PRACTICE - summary dismissal - appellate proceedings commenced by person subject to order under Vexatious Proceedings Act 2008 (NSW) - whether Act applied - whether Act was waived by reason of hearing at first instance - whether Act applied to application for writ of habeas corpus - proceedings dismissed Legislation Cited: Felons (Civil Proceedings) Act 1981 (NSW), s 4 Judiciary Act 1903 (Cth), s 78B Supreme Court Act 1970 (NSW), ss 46(1)(b), 71, 101(3) Vexatious Proceedings Act 2008 (NSW), ss 8, 13, 14, 15 Uniform Civil Procedure Rules 2005 (NSW), r 13.4 Cases Cited: Attorney General in and for the State of New South Wales v Potier [2014] NSWSC 118 Attorney-General (NT) v Emmerson [2014] HCA 13; 88 ALJR 522 Australian Competition & Consumer Commission v C G Berbatis Holdings Pty Ltd [1999] FCA 1151; 95 FCR 292 Glennan v Commissioner of Taxation [2003] HCA 31; 77 ALJR 1195 Mobil Oil Australia Pty Ltd v Victoria [2002] HCA 27; 211 CLR 1 Patsalis v State of New South Wales [2012] NSWCA 307; 81 NSWLR 742 Potier v Attorney General in and for the State of New South Wales [2014] NSWCA 256 Potier v R [2010] NSWCCA 234 Potier v R [2011] NSWCCA 204 Potier v R [2014] NSWCCA 177 Potier v State of New South Wales [2014] NSWSC 1271 Category: Interlocutory applications Parties: Malcolm Huntley Potier (Applicant) State of New South Wales (Respondent) Representation: Counsel: In person (Applicant) Mr C McGorey (Respondent) Solicitors: NSW Crown Solicitor's Office (Respondent) File Number(s): 2014/287981 Decision under appeal Citation: [2014] NSWSC 1271 Date of Decision: 2014-09-18 00:00:00 Before: Garling J File Number(s): 2014/245713