Cavar v Department of Human Services (Comcover Insurance & Compensation Department) [2016] NSWCA 195

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cavar v Department of Human Services (Comcover Insurance & Compensation Department) [2016] NSWCA 195 Hearing dates: 01 August 2016 Decision date: 01 August 2016 Before: Leeming JA Decision: Appeal dismissed, with costs. Catchwords: APPEAL – competency – appeal brought purportedly as of right from summary dismissal of proceedings – appeal dismissed as incompetent Legislation Cited: District Court Act 1973 (NSW), s 127 Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), rr 51.6, 51.9, 51.41 Cases Cited: Macatangay v New South Wales (No 2) [2009] NSWCA 272 McGinn v Cranbrook School [2015] NSWCA 378 Category: Principal judgment Parties: Celia Cavar (Appellant) Department of Human Services (Comcover Insurance & Compensation Department) (Respondent) Representation: Counsel: Appellant in person DH Mitchell (Respondent)

Solicitors: Moray & Agnew Lawyers (Respondent) File Number(s): 2016/83985 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Jurisdiction Date of Decision: 19 February 2016 Before: Curtis DCJ File Number(s): 2015/231484

[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.]