Collier v Country Women’s Association of New South Wales [2017] NSWCA 22

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Collier v Country Women's Association of New South Wales [2017] NSWCA 22 Hearing dates: 17 February 2017 Date of orders: 17 February 2017 Decision date: 21 February 2017 Before: Ward JA at [1] and [44]; Payne JA at [43] Decision: 1. Notice of motion dated 9 December 2016 is dismissed with no order as to costs. 2. The applicant's summons seeking leave to appeal dated 6 October 2016 is dismissed. 3. The applicant is to pay the costs of the respondent of the summons seeking leave to appeal as agreed or assessed. Catchwords: PROCEDURE – application for leave to appeal from single judge of Supreme Court's refusal of application to amend statement of claim – applicant sought to annexe affidavit to statement of claim – no discernible error by primary judge – whether leave to appeal should be granted. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 14.7, 15.1, 15.19 Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 Clarke v State of New South Wales [2015] NSWCA 27 Collier v Country Women's Association of New South Wales [2016] NSWSC 1361 House v The King (1936) 55 CLR 499 Northam v Favelle Favco Holdings Pty Ltd (Supreme Court (NSW) 7 March 1995 unrep) The Age Company Ltd v Liu [2013] NSWCA 26 Category: Principal judgment Parties: Marion Louise Collier (Applicant) Country Women's Association of New South Wales ABN 318 909 926 (Respondent) Representation: Counsel: ML Collier (Applicant in person) Ms S Chrysanthou (Respondent)