Alfaro v Mark White, Director, Office of State Revenue & Ors [2017] NSWCA 198

Alfaro v Mark White, Director, Office of State Revenue & Ors [2017] NSWCA 198

There was no arguable error in the primary judge's decision to strike out paragraphs of the applicant's statement of claim due to failure to plead material facts giving rise to a cause of action; there was no denial of procedural fairness; and the District Court had no power to order reinstatement of the applicant's driver licence, thus leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
03 August 2017
Procedural Posture
Application for Leave to Appeal / Decision on Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'striking Out Pleadings' 'joinder of Parties' 'procedural Fairness' 'conspiracy' 'misfeasance in Public Office' 'vicarious Liability']
['civil Procedure'] ['leave to Appeal' 'striking Out Pleadings' 'joinder of Parties' 'procedural Fairness' 'conspiracy' 'misfeasance in Public Office' 'vicarious Liability']

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Procedural Posture

Application for Leave to Appeal / Decision on Leave to Appeal

Legal Issues

  1. 1 ["Whether the primary judge erred by striking out paragraphs of the applicant's statement of claim but with liberty to re-plead" "Whether the District Court had power to reinstate the applicant's driver licence" 'Whether there was denial of procedural fairness to the applicant']

Ratio Decidendi

There was no arguable error in the primary judge's decision to strike out paragraphs of the applicant's statement of claim due to failure to plead material facts giving rise to a cause of action; there was no denial of procedural fairness; and the District Court had no power to order reinstatement of the applicant's driver licence, thus leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['Summons seeking leave to appeal dismissed with costs.']