Collier v State of New South Wales [2015] NSWCA 78

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Collier v State of New South Wales [2015] NSWCA 78 Hearing dates: 30 March 2015 Decision date: 30 March 2015 Before: Basten JA at [1], [43]; Macfarlan JA at [40]; Emmett JA at [42] Decision: (1)Dismiss the application to discharge or vary the orders made by Leeming JA on 8 December 2014 and 22 December 2014. (2)Dismiss the notice of motion filed on 25 February 2015. (3)Dismiss the notice of motion filed on 11 March 2015. (4)Dismiss the application for leave to appeal from the judgment of Campbell J of 1 October 2014. (5)Upon the respondent's undertaking that the State will not seek to enforce such an order until the expiration of the applicant's right to seek special leave to appeal to the High Court and if leave is sought the determination of any proceedings in that Court the applicant is ordered to pay the respondent's costs in this Court, as assessed or agreed. Catchwords: COSTS – application for gross costs order under the Civil Procedure Act 2005 (NSW), s 98(4)(c) – late service of supporting affidavit – whether appropriate to make order

PROCEDURE – amended statement of claim struck out – failure to identify a cause of action – whether appropriate to dismiss proceeding – effect of dismissing proceeding – Civil Procedure Act 2005 (NSW), s 91, Uniform Civil Procedure Rules 2005 (NSW), r 13.4

PROCEDURE – review of decision of a single Judge of Appeal – whether error of single judge or change in circumstances – Supreme Court Act 1970 (NSW), s 46