Gye v Laughton [2019] NSWSC 121

Supreme Court New South Wales

Medium Neutral Citation: Gye v Laughton [2019] NSWSC 121 Hearing dates: 1 February 2019 Date of orders: 22 February 2019 Decision date: 22 February 2019 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) Leave to extend time for the plaintiff to file an application for judicial review is refused.

(2) The plaintiff is to pay the defendant's costs on an ordinary basis.

(3) In these proceedings, the sum of $19,620.07 that was paid into Court by the plaintiff (together with interest accrued) be paid out to the first defendant. Catchwords: CIVIL PROCEDURE – leave to appeal – extension of time – whether leave should be granted to file an application for judicial review – whether plaintiff has a fairly arguable case – grounds for review – duty to give reasons – whether reasons adequate – discretionary factor Legislation Cited: Legal Profession Act 2004 (NSW), ss 369, 379, 380 Legal Profession Uniform Law Application Act 2014 (NSW) Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Water Management Act 2000 (NSW) Cases Cited: Applicant A169 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 8 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630; [2003] FCAFC 184 BVT v Office of Children's Guardian [2017] NSWSC 1763 Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd (2010) 78 NSWLR 393; [2010] NSWCA 190 Collins v Urban [2014] NSWCATAP 17 Craig v State of South Australia (1995) 184 CLR 163 Dyason v Butterworth [2015] NSWCA 52 Insurance Australia Ltd t/a NRMA Insurance v Milton [2016] NSWCA 156 Kirk v Industrial Relations Commission [2010] HCA 1 O'Connor v State of New South Wales [2017] NSWCA 335 Public Service Association and Professional Officers' Association Amalgamated Union (NSW) v Secretary of the Treasury [2014] NSWCA 112 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Thang Van Pham v NRMA Insurance Limited [2014] NSWCA 22; 66 MVR 152 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 Toth v Director of Public Prosecutions (NSW) [2014] NSWCA 133 Wende v Horwath (NSW) Pty Limited [2014] NSWCA 170 Category: Procedural and other rulings Parties: Clement Anthony Gye (Plaintiff) Gregory Allan Laughton (First Defendant) Michael William Robinson (Second Defendant) John Bartos (Third Defendant) Manager of Costs Assessment of New South Wales Supreme Court (Fourth Defendant) Representation: Counsel: V Gray (Plaintiff) JS Wyner (First Defendant) File Number(s): 2018/99960 Publication restriction: Nil