Mendonca v Chan and Naylor (Parramatta) Pty Ltd

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Mendonca v Chan & Naylor (Parramatta) Pty Ltd [2016] NSWCA 246

Hearing dates:

1 September 2016

Decision date:

01 September 2016

Before:

Meagher JA at [1], [18], [20] and [22];
Leeming JA at [2] and [21]

Decision:

1. Summons filed 8 July 2016 dismissed.

 

2. Notice of motion filed 8 August 2016 dismissed.

 

3. Application of Mr Gunning for costs dismissed.

 4. Applicant to pay the respondent’s costs on the ordinary basis.

Catchwords:

APPLICATION FOR LEAVE TO APPEAL – extension of time – applicant unsuccessful as plaintiff in District Court seeking to recover bonuses from former employer – applicant then sued his barrister and solicitor seeking orders that they pay the costs ordered against him – those proceedings dismissed – leave to appeal from those proceedings refused – where premise of those proceedings was correctness of original District Court decision – applicant seeks extension of time, two years later, to appeal against original decision – where success on appeal would give rise to inconsistent judgments – whether sufficiently arguable proposed grounds of appeal demonstrated – leave to appeal refused

Cases Cited:

Briginshaw v Briginshaw (1938) 60 CLR 336
Degmam Pty Ltd (in liq) v Wright (No 2) [1983] 2 NSWLR 354
Doppstadt Australia Pty Ltd v Lovick & Son Development Pty Ltd [2014] NSWCA 158
Mendonca v Chan & Naylor (Parramatta) Pty Ltd [2014] FCCA 1042
Mendonca v Chan & Naylor (Parramatta) Pty Ltd as Trustee for Chan & Naylor (Parramatta) Trust (District Court (NSW), 6 November 2015, unrep)

Category:

Principal judgment

Parties:

Gerard Mendonca (Applicant)
Chan & Naylor (Parramatta) Pty Ltd (Respondent)

Representation:

Counsel:
Applicant in person
E W Young (Respondent)

  Solicitors:
Swaab Attorneys (Respondent)

File Number(s):

2016/207326

 Decision under appeal 

Court or tribunal:

District Court of New South Wales

Jurisdiction:

Civil

Date of Decision:

12 and 27 June 2014

Before:

Balla DCJ

File Number(s):

2012/200753

ex tempore Judgment

1. MEAGHER JA: I will ask Leeming JA to deliver the first judgment.

2. LEEMING JA: Mr Gerard Mendonca seeks a substantial extension of time to appeal from two judgments of the District Court, given on 12 June and 27 June 2014. His application for leave to appeal was filed more than two years later, on 8 July 2016. It should be said at the outset that Mr Mendonca is unrepresented in this Court, although he was represented by a solicitor and barrister in the proceedings in 2014.

3. In 2006, the respondent, Chan & Naylor (Parramatta) Pty Ltd, employed Mr Mendonca as an accountant in its business of providing accounting, tax and wealth advice to clients. He was dismissed in August 2012. In that year, Mr Mendonca sued his former employer, claiming that it had failed to pay him all of the performance bonuses to which he was entitled in the six previous years. Those bonuses appear to have amounted to more than $100,000 (before tax). By a reserved judgment given on 12 June 2014 following a hearing lasting…