Fisher v Roads and Maritime Services [2018] NSWCA 295

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Fisher v Roads and Maritime Services [2018] NSWCA 295 Hearing dates: 4 December 2018 Decision date: 04 December 2018 Before: Beazley P; Basten JA Decision: (1) Refuse the applicant an extension of time within which to seek leave to appeal from the judgment of Harrison J delivered on 31 January 2018.

(2) Order that the applicant pay the costs of Roads and Maritime Services in this Court. Catchwords: CIVIL PROCEDURE – leave to appeal –application for leave to appeal lodged three months out of time – no explanation provided for lateness – no prejudice suffered by respondent – respondent contended appeal without merit – whether to refuse extension of time

JUDICIAL REVIEW – leave to appeal – authority to operate commercial bus service revoked by Roads and Maritime Services – decision confirmed by Administrative Decisions Tribunal – extension of time for internal appeal refused – application for judicial review refused – application to appeal out of time –whether issue of principle – whether proposed appeal had realistic prospects of success Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 51.8 Cases Cited: AJO v Roads and Maritime Services [2014] NSWCATAP 21 Category: Procedural and other rulings Parties: Brian Stanley Fisher (Applicant) Transport for New South Wales (First Respondent) Roads and Maritime Services NSW (Second Respondent) NSW Civil and Administrative Tribunal (Third Respondent) Representation: Counsel: Applicant self-represented Mr K Averre (First and Second Respondents)