Alfaro v Mark White, Director, Office of State Revenue & Ors [2017] NSWCA 198

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Alfaro v Mark White, Director, Office of State Revenue & Ors [2017] NSWCA 198 Hearing dates: 3 August 2017 Date of orders: 03 August 2017 Decision date: 03 August 2017 Before: White JA at [1], [33]; Emmett AJA at [32] Decision: Summons seeking leave to appeal be dismissed with costs. Catchwords: CIVIL PROCEDURE — Court of Appeal — Leave to appeal — whether primary judge erred by striking out paragraphs of applicant's statement of claim but with liberty to re-plead — no arguable error — no issue of principle — applicant failed to plead material facts giving rise to cause of action – whether applicant denied procedural fairness – no denial of procedural fairness - leave to appeal refused Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Criminal Procedure Act 1986 (NSW) Crown Proceedings Act 1988 (NSW) Fines Act 1996 (NSW) Law Reform (Vicarious Liability) Act 1983 (NSW) Category: Principal judgment Parties: Pedro Alfaro (Applicant) Mark White, Director of the Office of State Revenue (1st Respondent) Paul Bimson (2nd Respondent) Roads and Maritime Services (3rd Respondent) Office of State Revenue (12th Respondent) State of New South Wales (13th Respondent) Allan Kearney (14th Respondent) Representation: Counsel: Self-represented (Applicant) R Lee (1st – 3rd; 12th – 14th Respondents)