Collier v Lancer (No 2)

[2013] NSWCA 186

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Leave to appeal
3. › Criteria for grant of leave
4. › Whether question of principle, public importance, or reasonably clear injustice
5. › Where applicant seeking to re-agitate issues already determined
6. › Supreme Court Act 1970 (NSW), s 69
1. Practice and Procedure
2. › Summary dismissal
3. › Power to summarily dispose of proceedings
4. › Whether proceedings doomed to fail
5. › High burden on party seeking summary dismissal
6. › Uniform Civil Procedure Rules 2005 (NSW), r 13.4
1. Practice and Procedure
2. › Extension of time
3. › Filing of summons seeking leave to appeal
4. › Whether extension should be granted where appeal lacks merit
5. › Uniform Civil Procedure Rules 2005 (NSW), r 51.10
1. Criminal Law
2. › Appeal and review
3. › Conviction on guilty plea
4. › Finality of determination
5. › Whether issues already litigated through District Court appeal, Court of Appeal and High Court special leave application may be re-agitated
6. › Crimes (Appeal and Review) Act 2001 (NSW), ss 11, 12, 53

Quick Take

An applicant who has exhausted appeals through the District Court, Court of Appeal, and High Court special leave application cannot re-agitate the same issues through fresh proceedings seeking prerogative relief or leave under s 53 of the Crimes (Appeal and Review) Act 2001 (NSW). The prior conclusive determination of the issues is a powerful factor against the grant of leave and supports summary dismissal of the fresh proceedings as doomed to fail.