Dogra v Dogra (No 2)

[2024] NSWCA 154

Court of Appeal

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Dogra v Dogra (No 2) [2024] NSWCA 154

Hearing dates:

21 June 2024

Date of orders:

21 June 2024

Decision date:

21 June 2024

Before:

Payne JA

Decision:

(1)   Vacate Order 2 made on 27 May 2024 and in lieu thereof order that the appeal be listed for a one day hearing before the Court of Appeal on Monday 16 September 2024.

(2)   Confirm Orders 3-8 made on 27 May 2024.

(3)   The second respondent to pay the costs of the hearing today, 21 June 2024, together with any costs thrown away by reason of the making of Order 1 above.

Catchwords:

APPEALS — Procedure — Adjournment — application for adjournment — no issue of principle.

Category:

Procedural rulings

Parties:

Aruna Dogra (appellant/first cross respondent)
Mamta Dogra (first respondent/second cross respondent)
Kapil Dogra (second respondent/cross appellant)

Representation:

Counsel:
S Mo (solicitor) (appellant/first cross-respondent)
D O’Dea (solicitor) (first respondent/second cross-respondent)
S Lipp (second respondent/cross-appellant)

Solicitors:
Goodwin & Co Lawyers (appellant/first cross-respondent)
O’Dea Lawyers (first respondent/second cross-respondent)
JP Capsanis & Co Lawyers (second respondent/cross-appellant)

File Number(s):

2024/8811

Publication restriction:

Nil

 Decision under appeal 

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Equity

Citation:

[2023] NSWSC 1642

Date of Decision:

21 December 2023

Before:

Lindsay J

File Number(s):

2021/00151823

JUDGMENT

1. PAYNE JA: This matter was before me on 27 May 2024 in the referrals list. I dealt on that day with a notice of motion seeking dismissal of the appeal or, in the alternative, security for costs. I dismissed that motion. I did, however, make case management orders as follows:

(1)   Vacate the directions hearing listed before the Court of Appeal Registrar on 3 June 2024.

(2)   Appeal listed for a one-day hearing before the Court of Appeal on Tuesday 27 August 2024.

(3)   Direct that by 4 pm Friday 28 June 2024 the appellant and cross-appellant file and serve the Blue and Black Books, suitably marked up to indicate where material was not admitted by the primary judge or was subject to an order limiting its use. If any party wishes to adduce evidence not before the primary judge, that evidence must be contained in a separate Blue Book.

(4)   Direct that the cross-appellant file and serve submissions in chief by 4 pm Friday 28 June 2024.

(5)   Direct that the first respondent file and serve submissions in reply to the appeal and cross-appeal, with a 30-page limit, by 4 pm Friday 19 July 2024.

(6)   Direct that the appellant and cross-appellant file and serve submissions in reply by 4 pm Thursday 8 August 2024.

(7)   Direct that the Orange Book be filed and served by 4 pm Thursday 15 August 2024.

(8)   Liberty to apply to the chambers of Payne JA with 24 hours’ notice.

2. On 18 June 2024, the solicitor for the second respondent, Mr Capsanis, exercised the leave to apply to chambers granted in Order 8 above.

3. On 21 June 2024, Mr Lipp appeared…