Doyle v AA; Doyle v Lewis; Doyle v PP (No 3) [2023] NSWCA 281

Doyle v AA; Doyle v Lewis; Doyle v PP (No 3) [2023] NSWCA 281

The Court determined that no extension of time should be granted to file the notices of appeal as the appeals were commenced at a time when the appellant allegedly lacked capacity (without appropriate motion for a tutor), the grounds of appeal were inadequate or non-arguable, there was significant delay, and refusal to extend time would not preclude bringing a proper application in the future; thus, the appeals were dismissed as incompetent and remaining motions were dismissed with costs.

Jurisdiction
Australia
Judgment Date
27 November 2023
Procedural Posture
Appeal / Strike Out Application and Summary Dismissal of Appeal
Outcome
Appeals struck out and dismissed as incompetent; appellant's interlocutory motions dismissed; costs ordered against appellant.
Legal Topics
['summary Disposal' 'dismissal of Proceedings' 'extension of Time' 'appeals Out of Time' 'grounds of Appeal' 'legal Capacity' 'appointment of Tutor']
['civil Procedure'] ['summary Disposal' 'dismissal of Proceedings' 'extension of Time' 'appeals Out of Time' 'grounds of Appeal' 'legal Capacity' 'appointment of Tutor']

Case Brief

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Procedural Posture

Appeal / Strike Out Application and Summary Dismissal of Appeal

Legal Issues

  1. 1 ['Whether the notices of appeal, filed out of time and lacking proper articulation of grounds, should be struck out or dismissed as incompetent' 'Whether an extension of time to file notices of appeal should be granted' 'Whether the failure to appoint a tutor or to provide evidence of incapacity impacted the proceedings' 'Whether continuation of the appeal amounted to abuse of process in some instances']

Ratio Decidendi

The Court determined that no extension of time should be granted to file the notices of appeal as the appeals were commenced at a time when the appellant allegedly lacked capacity (without appropriate motion for a tutor), the grounds of appeal were inadequate or non-arguable, there was significant delay, and refusal to extend time would not preclude bringing a proper application in the future; thus, the appeals were dismissed as incompetent and remaining motions were dismissed with costs.

Court Disposition

Appeals struck out and dismissed as incompetent; appellant's interlocutory motions dismissed; costs ordered against appellant.

Orders

  • ['Strike out the Notice of Appeal filed on 24 February 2023.' "Order that the Appellant pay the Respondent's costs." "The Appellant's Notice of Motion filed 5 April 2023 is dismissed with costs." "The Appellant's Notice of Motion filed 22 September 2023 is dismissed with costs."]