D v Australian Financial Security Authority formerly known as Insolvency & Trustee Service Australia [2017] NSWCA 50

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: D v Australian Financial Security Authority formerly known as Insolvency & Trustee Service Australia [2017] NSWCA 50 Hearing dates: 10 March 2017 Decision date: 21 March 2017 Before: Ward JA; Sackville AJA Decision: 1. Leave to appeal from the decision of Mahony SC DCJ is refused with costs. 2. Summons seeking leave to appeal from the decision of Sidis ADCJ be dismissed with costs. Catchwords: PROCEDURE – application for leave to appeal against interlocutory decisions made in District Court of NSW – refusal of application by self-represented litigant for leave to issue a subpoena – limitations on grant of leave to self-represented applicant to amend pleadings – Leave to appeal refused in respect of both impugned decisions Legislation Cited: Family Law Act 1975 (Cth), s 121 Privacy Act 1988 (Cth), s 25 Uniform Civil Procedure Rules 2005 (NSW), rr 7.3 14.28, 14.30 Cases Cited: Attorney General of Botswana v Aussie Diamond Products Pty Ltd (No 2) [2012] WASCA 73 Dank v Cronulla Sutherland District Rugby League Football Club Ltd [2014] NSWCA 288 House v The King (1936) 55 CLR 499; [1936] HCA 40 ICAP Australia Pty Ltd v BGC Partners (Australia) Pty Ltd [2009] NSWCA 307 Jurisdiction of Courts (Cross Vesting) Act 1987 (NSW), ss 6(1), 6(3) Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Lowery v Insurance Australia Ltd (2015) 90 NSWLR 320; [2015] NSWCA 303 Nominal Defendant v Gabriel (2007) 71 NSWLR 150; [2007] NSWCA 52 Polo Enterprises Australia Pty Ltd v Pinctada Hotels and Resorts Pty Ltd [2015] NSWCA 397 Portal Software v Bodsworth [2005] NSWSC 1115 Re Will of Gilbert (1946) 46 SR (NSW) 318 The Age Company Ltd v Liu [2013] NSWCA 26 Category: Principal judgment Parties: D (Applicant) Australian Financial Security Authority formerly known as Insolvency & Trustee Service Australia (First Respondent) Philip Madden (Second Respondent) Tara Czinner (Third Respondent) Sally Susan Nash (Fourth Respondent) The Registrar General of New South Wales (Fifth Respondent) Australian Restructuring Insolvency & Turnaround Association (Sixth Respondent) Savice Pty Limited trading as LJ Hooker, Picton (Seventh Respondent) Representation: Counsel: Applicant in person Ms TA Berberian (First, Second and Third Respondents) Ms M Avenell (Fourth Respondent) H Altan (Fifth Respondent)