Collier v Lancer [2013] NSWCA 185

Collier v Lancer [2013] NSWCA 185

The applicant was granted an extension of time because the delay was not lengthy and was explained, but the review application failed because she did not identify any error of principle or show that Allsop P's decision was plainly wrong in dismissing the contested interlocutory orders and making a costs order.

Jurisdiction
Australia
Judgment Date
21 June 2013
Procedural Posture
Administrative Law Judicial Review; Application for Review Under Supreme Court Act 1970, S 46(4) / Application for Review of Decision of Single Judge of Appeal and Extension of Time
Outcome
Extension of time granted; application for review dismissed with costs.
Legal Topics
['judicial Review' 'review of Decision of Single Judge of Appeal' 'extension of Time' 'costs Discretion' 'apprehended Bias' 'subpoena' 'slip Rule']
['administrative Law' 'civil Procedure' 'appellate Procedure'] ['judicial Review' 'review of Decision of Single Judge of Appeal' 'extension of Time' 'costs Discretion' 'apprehended Bias' 'subpoena' 'slip Rule']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Law Judicial Review; Application for Review Under Supreme Court Act 1970, S 46(4) / Application for Review of Decision of Single Judge of Appeal and Extension of Time

Legal Issues

  1. 1 ['Whether time should be extended for filing the notice of motion for review of the decision of Allsop P.' 'Whether the applicant demonstrated an error of principle or that the decision of Allsop P was plainly wrong.' "Whether Allsop P erred in dismissing the applicant's requests for interlocutory orders, including orders concerning costs, prohibition for apprehended bias, production of Local Court paperwork, substitution of the first respondent, and subpoena or oral evidence from a police superintendent."]

Ratio Decidendi

The applicant was granted an extension of time because the delay was not lengthy and was explained, but the review application failed because she did not identify any error of principle or show that Allsop P's decision was plainly wrong in dismissing the contested interlocutory orders and making a costs order.

Court Disposition

Extension of time granted; application for review dismissed with costs.

Orders

  • ['Order that the time for filing the notice of motion for review of the decision of Allsop P be extended to 21 March 2013.' 'Application for review dismissed with costs.']