Cavar v Commonwealth of Australia as represented by and acting through the Department of Human Services [2016] NSWCA 312

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cavar v Commonwealth of Australia as represented by and acting through the Department of Human Services [2016] NSWCA 312 Hearing dates: 14 November 2016 Decision date: 14 November 2016 Before: Payne JA; Sackville AJA Decision: (1) Leave to file the summons out of time refused;

(2) The applicant pay the costs of the respondent of the application for leave to appeal out of time and leave to appeal as agreed or assessedin the amount quantified in $5,000 as a gross sum costs order. Catchwords: APPEALS – application for leave to appeal – pleadings stuck out ‑ where summons filed out of time – whether matter raises issue of principle, public importance or injustice Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 51.9 and 51.10 Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Cavar v Department of Human Services (Comcover Insurance & Compensation Department) [2016] NSWCA 195 In the Will of Gilbert (1946) 46 SR (NSW) 318 Tanious v South Eastern Sydney Local Health District [2016] NSWCA 83 Toppro Pty Ltd v Yoo [2016] NSWCA 119 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): 2016/245037 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Date of Decision: 19 February 2016 Before: Curtis DCJ File Number(s): 2015/231484