Clarke v NSW

[2015] NSWCA 27

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Interlocutory decisions
4. › Whether substantial reasons shown to allow appellate review
5. › Whether arguable error in House v The King sense demonstrated
6. › Supreme Court Act 1970 (NSW)
7. › Supreme Court Rules 1970 (NSW), Sch D Pt 3, par 17A
1. Appeal
2. › Extension of time
3. › Conscious forensic decision not to appeal within time
4. › Whether extension should be granted
1. Practice and Procedure
2. › Pleadings
3. › Strike out
4. › Embarrassing pleading
5. › Self-represented litigant
6. › Whether same standard of pleading applies to self-represented litigants
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28
1. Practice and Procedure
2. › Apprehended bias
3. › Application for recusal
4. › Whether fair-minded lay observer would reasonably apprehend judge might not bring impartial mind
5. › Whether prior adverse rulings demonstrate apprehended bias

Quick Take

A self-represented litigant is subject to the same standard of pleading as a represented party. A referral for pro bono legal assistance does not impose an obligation to obtain legal representation and does not affect the right of self-representation. A conscious forensic decision not to appeal within time weighs against the grant of an extension of time. Leave to appeal from interlocutory decisions will not be granted where the appeal is doomed to fail.