Logan v Baird

[2011] NSWCA 19

Court of Appeal

New South Wales

Case Title:

Logan v Baird

Medium Neutral Citation:

[2011] NSWCA 19

Hearing Date(s):

21 February 2011

Decision Date:

21 February 2011

Jurisdiction:

Before:

Campbell JA

Decision:

(1) Strike out the Notice of Appeal filed 2 February 2011.
(2) Strike out Notice of Motion filed 2 February 2011.
[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 - Court of Appeal - notice of appeal - requirements of notice of appeal

APPEAL - Court of Appeal - appeal out of time - application for extension of time

PRACTICE - order for pro bono assistance - relevant considerations for deciding that it is in the interests of justice to make the order - prospects of success of appeal

Legislation Cited:

Uniform Civil Procedure Rules

Cases Cited:

Baird v Logan [2008] NSWSC 1029
Kelly v Mosman Municipal Council [2010] NSWCA 370
Fox v Percy (2003) 214 CLR 118

Texts Cited:

Category:

Interlocutory applications

Parties:

Pamela Clare Logan (Appellant)
Jennifer Joan Baird (Respondent)

Representation

- Counsel:

- Solicitors:

In person (Appellant)
No Appearance (Respondent)

File number(s):

2011/34281

Decision Under Appeal

- Court / Tribunal:

Supreme Court

- Before:

Palmer J

- Date of Decision:

26 September 2008

- Citation:

Baird v Logan - Middleton Estate [2008] NSWSC 1029

- Court File Number(s)

113268/08

Publication Restriction:

Judgment

1. HIS HONOUR : This is a matter has been referred to me by the registrar. It arises in some proceedings that were purportedly commenced by a notice of appeal filed on 2 February 2011.

1. The appellant, Mrs Logan, was at one stage co-executrix with her sister, Mrs Baird, of the estate of their deceased mother. Palmer J decided, on 26 September 2008, that Mrs Logan should be removed as executrix of the estate: Baird v Logan [2008] NSWSC 1029. The ground of his Honour's decision was that Mrs Logan had refused to join in the discharge of a mortgage, securing a debt of $13,100 owed to her mother's estate. Palmer J held at [16] that he could find no rational reason why she refused to discharge the mortgage, or what reasonable suspicions she could have regarding the propriety of the mortgage, or the correctness of the amount necessary to discharge it. The judge found [at 17] that "there is no way in which Mrs Logan will ever be satisfied that it is proper to execute the discharge of mortgage." He found that there were repeated instances of Mrs Logan refusing to accept legal advice, and found that "she is completely unable to bring herself to co-operate with Mrs Baird in the administration of this estate on any matter, large or…