Duraisamy v Sydney Trains [2019] NSWCA 269

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Duraisamy v Sydney Trains [2019] NSWCA 269 Hearing dates: 29 October 2019 Date of orders: 06 November 2019 Decision date: 06 November 2019 Before: Bell P at [1], Macfarlan JA at [28], Payne JA at [29] Decision: 1. In matter 2019/170767:

(a) refuse an extension of time to file the summons seeking leave to appeal and dismiss the notice of motion filed 3 July 2019; (b) dismiss the summons; (c) order that the applicant pay the respondent's costs of the application to extend time and the summons seeking leave to appeal including any costs of the notice of motion.

2. In matter 2019/290445:

(a) refuse an extension of time to file the summons seeking judicial review; (b) dismiss the summons; (c) order that the applicant pay the respondent's costs of the application to extend time and the summons seeking leave to appeal. Catchwords: CIVIL PROCEDURE – application for extension of time to file summons seeking leave to appeal and summons seeking judicial review – application refused – no issue of principle Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 13.4, 14.28 Cases Cited: Gee v Office of the Director of Public Prosecutions [2019] NSWCA 257 Nobarani v Mariconte [2018] HCA 36; (2018) 92 ALJR 806 PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 Rajski v Scitec Corporation Pty Ltd (Court of Appeal (NSW), 16 June 1986, unrep) Category: Principal judgment Parties: Ashok Kumar Duraisamy (Applicant) Sydney Trains (Respondent) Representation: Counsel: Self-represented (Applicant) E Raper SC (Respondent)