Potier v General Manager, Dawn de Loas Correctional Centre (No 2) [2012] NSWCA 353

Potier v General Manager, Dawn de Loas Correctional Centre (No 2) [2012] NSWCA 353

The matter was irregularly commenced by a document entitled "Notice of Appeal" when it should have been begun by summons. Although the irregularity was treated as an informality, the notice of appeal itself was incompetent, the application for an extension of time had already been dealt with, and the Court's record system required disposition of the notice of appeal. The notice of appeal was therefore dismissed.

Jurisdiction
Australia
Judgment Date
23 October 2012
Procedural Posture
Application for Extension of Time to File and Serve a Notice of Appeal / Court of Appeal; Judgment in Chambers Under UCPR R 36.3 After Refusal of Application for Extension of Time
Outcome
Notice of appeal in matter No 2012/245887 filed on 7 August 2012 dismissed.
Legal Topics
['application for Extension of Time' 'notice of Appeal' 'irregularity Treated as Informality' 'finality of Disposition']
['practice and Procedure'] ['application for Extension of Time' 'notice of Appeal' 'irregularity Treated as Informality' 'finality of Disposition']

Case Brief

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Procedural Posture

Application for Extension of Time to File and Serve a Notice of Appeal / Court of Appeal; Judgment in Chambers Under UCPR R 36.3 After Refusal of Application for Extension of Time

Legal Issues

  1. 1 ['Whether the irregularly filed notice of appeal should be disposed of after the application for an extension of time had been dealt with.' 'Whether the notice of appeal filed on 7 August 2012 was competent.']

Ratio Decidendi

The matter was irregularly commenced by a document entitled "Notice of Appeal" when it should have been begun by summons. Although the irregularity was treated as an informality, the notice of appeal itself was incompetent, the application for an extension of time had already been dealt with, and the Court's record system required disposition of the notice of appeal. The notice of appeal was therefore dismissed.

Court Disposition

Notice of appeal in matter No 2012/245887 filed on 7 August 2012 dismissed.

Orders

  • ['Notice of appeal in matter No 2012/245887 filed on 7 August 2012 dismissed.']