Kathryn Seidler v Carroll & O'Dea & Ors Kathryn Seidler v Carroll & O'Dea

[2014] HCASL 167

KATHRYN SEIDLER

v

CARROLL & O'DEA & ORS

KATHRYN SEIDLER

v

CARROLL & O'DEA & ORS

[2014] HCASL 167
S80/2014
S81/2014

1. The applicant initiated proceedings against the respondents in the Supreme Court of New South Wales.  The Supreme Court (McCallum J) made various orders as to the applicant's pleading, and summarily dismissed the proceedings against the respondents for want of due despatch on 23 August 2013.

2. On 11 March 2014, the Court of Appeal of the Supreme Court of New South Wales (McColl and Macfarlan JJA) refused the applicant leave to appeal from three interlocutory decisions of McCallum J because the decisions were attended with insufficient doubt to warrant reconsideration.

3. The Court of Appeal also dismissed the applicant's notice of appeal, filed on 26 December 2013, as incompetent, and an amended notice of contention that sought to raise new matters.

4. The applicant has filed two applications seeking special leave to appeal from the decision of the Court of Appeal.  That decision concerned the exercise of discretion in matters of practice and procedure.  The applicant has not demonstrated any error in the exercise of McCallum J's discretion, nor in the decision of the Court of Appeal.  An appeal to this Court would enjoy no prospects of success. Special leave is refused.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the applications.

S.M. Kiefel
11 September 2014 P.A. Keane