Renshaw v New South Wales Lotteries Corporation Pty Ltd [2021] NSWCA 41

Renshaw v New South Wales Lotteries Corporation Pty Ltd [2021] NSWCA 41

The extension of time was refused because the applicant gave no satisfactory explanation for discontinuing the earlier appeal and, more importantly, the proposed appeal could not succeed: no ground challenged the striking out of the contractual, tortious, trust and restitutionary claims, the absence of any remaining pleaded case against the State, or the finding that the misleading or deceptive conduct claims against NSW Lotteries accrued no later than 26 September 1997 and were statute-barred. Pro bono referral was refused because, despite the applicant's limited means and capacity, the case lacked apparent merit and prior pro bono assistance had led to complaints. No suppression or...

Jurisdiction
Australia
Judgment Date
24 March 2021
Procedural Posture
Appeal; Procedural Rulings / Application for Extension of Time to Appeal, Pro Bono Referral and Suppression Order Following Dismissal of Claims in the Supreme Court of New South Wales
Outcome
Motion dismissed; extension of time, pro bono referral and suppression relief refused; notice of appeal dismissed as incompetent; applicant ordered to pay respondents' costs.
Legal Topics
['public Lottery Unclaimed Prize' 'extension of Time to Appeal' 'incompetent Appeal' 'pro Bono Referral Under UCPR R 7.36' 'suppression and Non Publication Orders' 'misleading or Deceptive Conduct' 'limitation Periods']
['gaming and Wagering' 'civil Procedure' 'appeals' 'limitation of Actions' 'consumer Law'] ['public Lottery Unclaimed Prize' 'extension of Time to Appeal' 'incompetent Appeal' 'pro Bono Referral Under UCPR R 7.36' 'suppression and Non Publication Orders' 'misleading or Deceptive Conduct' 'limitation Periods']

Case Brief

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Procedural Posture

Appeal; Procedural Rulings / Application for Extension of Time to Appeal, Pro Bono Referral and Suppression Order Following Dismissal of Claims in the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether the applicant should be referred for pro bono legal assistance under UCPR r 7.36.' 'Whether a closed court, suppression order or non-publication order should be made under the Court Suppression and Non-publication Orders Act 2010, s 7.' 'Whether time should be extended to commence or reinstate the appeal after discontinuance.' 'Whether the proposed appeal had sufficient merit where no ground challenged the absence of a pleaded claim against the State or the finding that the misleading or deceptive conduct claims were statute-barred.']

Ratio Decidendi

The extension of time was refused because the applicant gave no satisfactory explanation for discontinuing the earlier appeal and, more importantly, the proposed appeal could not succeed: no ground challenged the striking out of the contractual, tortious, trust and restitutionary claims, the absence of any remaining pleaded case against the State, or the finding that the misleading or deceptive conduct claims against NSW Lotteries accrued no later than 26 September 1997 and were statute-barred. Pro bono referral was refused because, despite the applicant's limited means and capacity, the case lacked apparent merit and prior pro bono assistance had led to complaints. No suppression or...

Court Disposition

Motion dismissed; extension of time, pro bono referral and suppression relief refused; notice of appeal dismissed as incompetent; applicant ordered to pay respondents' costs.

Orders

  • ["The claims for relief in pars 1, 2 and 3 of the applicant's notice of motion filed on 7 January 2021 be dismissed." 'The notice of appeal filed on 13 November 2020 be dismissed as incompetent.' "The applicant pay the respondents' costs of the motion and of the appeal."]