Stankovic v State of New South Wales [2016] NSWCA 168

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Stankovic v State of New South Wales [2016] NSWCA 168 Hearing dates: 8 July 2016 Decision date: 08 July 2016 Before: Basten JA; Sackville AJA Decision: (1) Extend the time within which the summons seeking leave to appeal should be filed to 2 May 2016.

(2) Dismiss the summons seeking leave to appeal from the judgment of Davies J given in the Common Law Division on 8 February 2016.

(3) Order that the applicant pay the costs of the respondent State of New South Wales. Catchwords: APPEAL – application for leave to appeal – claim against State for damages for harm said to arise from judgment of Land and Environment Court – damages said to flow from order of superior court of record – claim misconceived

PROCEDURE – civil – extension of time – short delay – absence of prejudice to respondent from delay – whether case hopeless – need to consider substance of application to determine prospects Legislation Cited: Law Reform (Vicarious Liability) Act 1983 (NSW), ss 8, 10 Cases Cited: Hammond v The State of New South Wales [2013] NSWSC 1930 Snedden v State of New South Wales [2012] NSWCA 351 Stankovic v The Hills Shire Council [2015] NSWCA 279 Wentworth v Wentworth (2001) 52 NSWLR 602; [2000] NSWCA 350 Category: Principal judgment Parties: Milovan Stankovic (Applicant) State of New South Wales (First Respondent) Land and Environment Court (Second Respondent) Representation: Counsel: Applicant in person Mr G J Sarginson (Respondents)