Despot v Registrar General

[2012] NSWCA 160

Court of Appeal

New South Wales

Case Title:

Despot v Registrar General

Medium Neutral Citation:

[2012] NSWCA 160

Hearing Date(s):

21 May 2012

Decision Date:

04 June 2012

Jurisdiction:

Before:

Meagher JA

Decision:

(1) Time for the filing and service of the notice of appeal be extended to 21 February 2012.
(2) Costs of the application to extend time be reserved.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

APPEAL - extension of time to file notice of appeal - relevant considerations - whether in interests of justice to extend time - UCPR, r 51.16

Legislation Cited:

Civil Procedure Act 2005
Fair Trading Act 1987
Home Building Act 1989
Uniform Civil Procedure Rules

Cases Cited:

Jackamarra v Krakouer [1998] HCA 27; (1998) 195 CLR 516
Tomko v Palasty (No. 2) [2007] NSWCA 369; (2007) 71 NSWLR 61

Texts Cited:

Category:

Interlocutory applications

Parties:

Ranko Despot (Appellant)
Registrar General of New South Wales
(First Respondent)
Roy Maalouf (Second Respondent)
Stelli Pty Limited (Third Respondent)
St George Bank Limited (Fourth Respondent)
Dominic Carbone (Fifth Respondent)
Joyce Azzi (Sixth Respondent)
Sky Constructions Pty Limited (Seventh Respondent)

Representation

- Counsel:

Counsel:
G O'L Reynolds SC, J C Hewitt (Appellant)
Submitting appearance (First Respondent)
K D Ginges (Second and Seventh Respondents)
B J Gross QC, D J Williams (Third and Sixth Respondents)
P Dowdy (Fourth Respondent)
J C Kelly SC (Fifth Respondent)

- Solicitors:

Solicitors:
Mark Gallego (Appellant)
Gavin Bartier (First Respondent)
Spinks Eagle Lawyers (Second and Seventh Respondents)
Kheir Lawyers (Third and Sixth Respondents)
Henry Davis York (Fourth Respondent)
Colin Biggers & Paisley (Fifth Respondent)

File number(s):

2012/56421

Decision Under Appeal

- Court / Tribunal:

- Before:

Macready AJ

- Date of Decision:

31 March 2011

- Citation:

[2011] NSWSC 273

- Court File Number(s)

2009/2988692009/298832

Publication Restriction:

JUDGMENT

1. MEAGHER JA: On 20 February 2012 the appellant (Mr Despot) filed a notice of appeal from a judgment and orders made by Macready AJ on 15 April 2011 and entered on 5 May 2011. That notice of appeal was filed out of time: UCPR r 51.16. The appellant had previously filed a notice of intention to appeal on 27 May 2011. That notice was also filed out of time: UCPR r 51.8. On 22 December 2011 the appellant filed a summons seeking leave to appeal from the judgment and orders of Macready AJ. It is now common ground that as the appeal involves a matter at issue of more than $100,000, leave to appeal is not required.

2. The appellant seeks an order extending the time for the filing and service of the notice of appeal to 21 February 2012. The making of…