Michail v Mount Druitt and Area Community Legal Centre Inc [2015] NSWCA 396

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Michail v Mount Druitt and Area Community Legal Centre Inc [2015] NSWCA 396 Hearing dates: 9 December 2015 Decision date: 16 December 2015 Before: Leeming JA; Emmett AJA Decision: 1. Summons seeking leave to appeal dated 5 October 2015 and notice of motion dated 5 October 2015 be dismissed.

2. Ms Michail to pay the costs of the Mount Druitt and Area Community Legal Centre Inc, such costs to be assessed on an indemnity basis. Catchwords: PRACTICE – pleadings – application for leave to appeal from decision striking out part of pleading – whether question of principle or public importance or reasonably clear case of injustice – whether respondent had acquiesced in pleading – whether non-compliance with procedural obligations by respondent – whether denial of procedural fairness – whether primary judge displayed bias – application for leave refused Legislation Cited: Court Security Act 2005 (NSW), s 9 Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 51.18 Cases Cited: Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69 Goater v Commonwealth Bank of Australia [2014] NSWCA 382; 88 NSWLR 362 Lee v New South Wales Crime Commission [2012] NSWCA 262; 224 A Crim R 94 Southern Cross Exploration NL v Fire & All Risks Insurance Co Ltd (1985) 2 NSWLR 340 Category: Principal judgment Parties: Nancy Michail (Applicant) Mount Druitt and Area Community Legal Centre Inc (Respondent) Representation: Counsel: Applicant in person N Case (Respondent)