Gibson v Drumm

[2016] NSWCA 206

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:	Gibson v Drumm [2016] NSWCA 206
Hearing dates:	29 July 2016
Decision date:	12 August 2016
Before:	Beazley P; Simpson JA
Decision:	(1)   Extend time for filing the summons for leave to appeal to 8 June 2016. (2)   Summons for leave to appeal refused.
Catchwords:	APPEAL – application for leave to appeal – circumstances where grant of leave appropriate – discretionary determination – relevance of sum in issue
Legislation Cited:	Civil Procedure Act 2005 (NSW) Jurisdiction of Courts (Cross Vesting) Act 1987 (Cth) Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited:	Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; 148 CLR 170 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 BHP Petroleum Pty Ltd v Oil Basins Ltd [1985] VR 756 Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 Clarke v State of New South Wales [2015] NSWCA 27 Collier v Lancer (No 2) [2013] NSWCA 186 Darrell Lea (Vic) Pty Ltd v Union Assurance Society of Australia Ltd [1969] VR 401 Dunn v Ross Lamb Motors (1978) 1 NSWLR 26 House v The King [1936] HCA 40; 55 CLR 499 Jaycar Pty Limited v Lombardo [2011] NSWCA 284 Johnson Tiles Pty Ltd v Esso Australia Pty Ltd [2000] FCA 1572; 104 FCR 564 Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274 Minogue v Williams (2000) 60 ALD 366 Niemann v Electronic Industries Ltd [1978] VR 431 Wilson v Tetley [2003] NSWCA 124 Zelden Sewell Henamast Pty Ltd [2011] NSWCA 56
Category:	Principal judgment
Parties:	Neville James Gibson (Applicant) Bernard Joseph Drumm (Respondent)
Representation:	Counsel: In person (Applicant) D F Elliott (Respondent)   Solicitors: Lander & Rogers (Respondent)
File Number(s):	CA 2016/176039
Decision under appeal	Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Citation: Gibson v Drumm [2016] NSWSC 570 Date of Decision: 6 May 2016 Before: Young AJ File Number(s): 2015/256225

Judgment

1. THE COURT: The applicant, Mr Gibson, sought leave to appeal from the decision of Young AJ ordering him to pay the respondent’s costs, on an indemnity basis and by way of a gross sum costs order of $10,170, in respect of proceedings which were not ultimately pursued by the applicant against the respondent: Gibson v Drumm [2016] NSWSC 570. The applicant required an extension of time within which to file the summons seeking leave to appeal. That was not opposed and accordingly an extension of time should be granted.

2. The applicant also applied for an adjournment of the hearing of the application for leave to appeal. The bases advanced for seeking the adjournment were, essentially, that the matter had come before the Court quickly, that the date for the hearing had been set to suit the convenience of counsel for the respondent and that the applicant had not had time to fully prepare his documentation and argument.…