Neville v Lam

[2015] NSWCA 192

Court of Appeal

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Neville v Lam [2015] NSWCA 192

Hearing dates:

06 July 2015

Decision date:

06 July 2015

Before:

Basten JA; Emmett JA; Simpson JA

Decision:

(1)   Time within which to file a notice of appeal is extended until 5 September 2014.

 

(2)   The appeal is dismissed.

 (3)   The appellant is to pay the respondent's costs of the appeal.

Catchwords:

APPEAL – appellant unrepresented – no issue of principle – no error in fact finding revealed – short form reasons

Legislation Cited:

Supreme Court Act 1970 (NSW), s 45(4).

Category:

Principal judgment

Parties:

Lisa Marguerite Neville (Appellant)
Associate Professor Alan Lam (Respondent)

Representation:

Counsel:
Appellant self-represented
Ms J M Sandford

  Solicitors:
Appellant self-represented
Avant Law (Respondent)

File Number(s):

2014/179850

 Decision under appeal 

Court or tribunal:

Supreme Court

Jurisdiction:

Common Law Division

Citation:

Neville v Lam (No 3) [2014] NSWSC 607

Date of Decision:

21 May 2014

Before:

Beech-Jones J

File Number(s):

2008/289699

Judgment

1. THE COURT: The Court has had an opportunity before coming on to the bench this morning to read the written submissions which have been prepared by counsel previously briefed for the appellant and the written submissions for the respondent. In the circumstances where the appellant appears without representation this morning, no further matters have been raised for the consideration of the Court.

2. The liability of the respondent turned on a finding of fact as to what he said to the appellant. The trial judge was not satisfied on the evidence as to an essential factual element of the appellant’s case. Having considered the grounds of appeal and the matters presented by way of written submissions, the Court is satisfied that the grounds of appeal have not been made out, and that the result reached by the trial judge was correct for the reasons he gave. The appeal raises no question of general principle. [1]

   1. Supreme Court Act 1970 (NSW), s 45(4).

3. For those reasons the Court makes the following orders:

(1)   Time within which to file a notice of appeal is extended until 5 September 2014.

(2)   The appeal is dismissed.

(3)   The appellant is to pay the respondent's costs of the appeal.

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Endnote

Amendments

08 July 2015 - Counsel on coversheet