AD v Commissioner of the Australian Federal Police (No 2) [2018] NSWCA 169

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: AD v Commissioner of the Australian Federal Police (No 2) [2018] NSWCA 169 Hearing dates: On the papers Decision date: 02 August 2018 Before: Beazley P; Meagher JA; Gleeson JA Decision: Notice of motion dismissed with costs. Catchwords: CIVIL PROCEDURE – notice of motion to set aside or vary a judgment of Court of Appeal – whether Court should consider applicant's appeal in circumstances where appeal was summarily dismissed – whether Court failed to consider applicant's submissions and authorities relevant to application for summary dismissal Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) (UCPR), rr 36.16, 36.16(1), 36.16(3A) Cases Cited: Spies v Commonwealth Bank of Australia (1991) 24 NSWLR 691 Category: Consequential orders (other than Costs) Parties: AD (Applicant) Commissioner of the Australian Federal Police (Respondent) Representation: Counsel: In person (Applicant) E A Cheeseman SC; J C Conde (Respondent)

Solicitors: In person (Applicant) Australian Federal Police (Respondent) File Number(s): 2016/147755 Decision under appeal Court or tribunal: Supreme Court Citation: Commissioner of the Australian Federal Police v Dickson (No 3) [2016] NSWSC 564 Date of Decision: 6 May 2016 Before: Adamson J File Number(s): 2012/108692