Aldous v State of New South Wales [2018] NSWCA 92

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Aldous v State of New South Wales [2018] NSWCA 92 Hearing dates: 30 April 2018 Date of orders: 30 April 2018 Decision date: 30 April 2018 Before: Macfarlan JA Decision: (1) Order that the appeal be expedited. (2) Refer Mr Aldous to the Registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance. (3) Direct that the parties approach the Registrar with a view to an August 2018 hearing date being fixed for the hearing of the appeal. (4) Until further order or determination of the appeal, whichever occurs first, stay the orders made by Balla DCJ on 14 December 2017. (5) Order that the costs of this application be costs in the appeal. (6) Otherwise dismiss Mr Aldous' Notice of Motion filed on 20 April 2018. Catchwords: APPEAL – stay of enforcement of primary judgment – stay granted despite Court not being able to form view as to the prospects of the appeal succeeding Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 7.36, 36.16(3A), 36.16(3B) Cases Cited: Aldous v State of New South Wales [2014] NSWCA 280 Majak v Rose (No 4) (2017) 94 NSWLR 763; [2017] NSWCA 170 Category: Procedural and other rulings Parties: Adrian Aldous (Applicant) State of New South Wales (Respondent) Representation: Counsel: Self-represented Applicant Mr B Lum (Solicitor)

Solicitors: Self-represented Applicant De Mestre & Company Solicitors (Respondent) File Number(s): CA 2017/384434 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Date of Decision: 24 November 2017 Before: Balla DCJ File Number(s): DC 2016/335822