Kamm v State of New South Wales (No 3) [2017] NSWCA 68

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kamm v State of New South Wales (No 3) [2017] NSWCA 68 Hearing dates: 31 March 2017 Date of orders: 31 March 2017 Decision date: 31 March 2017 Before: Payne JA Decision: (1) Applicant granted leave to file motion dated 29 March 2017 in court and to move on it instanter. (2) Leave granted to amend the existing filed Summons Seeking Leave to appeal (3) Leave granted to file Draft notice of appeal (4) Vary Order 1 made on 3 February 2017 to provide that: (a) the applicant will file written submissions by 5pm 10 April 2017. (b) Vacate Order 1(b). (c) Order 1(c) made on 3 February 2017 confirmed. (5) Vacate Order 2 made on 3 February 2017. (6) Vacate Order 7 made on 3 February 2017. (7) Otherwise confirm the orders made on 3 and 6 February 2017. (8) Reserve costs of the motion and today. (9) List matter for directions on 12 April 2017 at 9.30am, such to be vacated if notified by the parties that it is no longer required. Catchwords: PROCEDURAL – application to amend Summons Seeking Leave to Appeal – constitutional law issue raised – where prosecution of appeal not delayed Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Judiciary Act 1903 (Cth) ss 40, 78B Cases Cited: Kamm v State of NSW [2016] NSWCA 339 Kamm v State of NSW (No 2) [2017] NSWCA 14 Category: Procedural and other rulings Parties: William Kamm (applicant) State of New South Wales (respondent) Representation: Counsel: Mr M Robinson SC / Mr C Waterstreet (applicant) Mr B Thomson (solicitor for the respondent)