Render v Gleeson

[1999] NSWCA 154

CITATION:	Render v Gleeson [1999] NSWCA 154
FILE NUMBER(S):	CA 40313/99
HEARING DATE(S):	10 May 1999
JUDGMENT DATE:	10 May 1999
PARTIES :	Karin S Render - appellant/claimant/opponent Honourable Chief Justice Gleeson - respondent/claimant/opponent
JUDGMENT OF:	Registrar Jupp

LOWER COURT JURISDICTION:	Supreme Court
LOWER COURT FILE NUMBER(S) :	10500/99
LOWER COURT JUDICIAL OFFICER:	Wood J

COUNSEL:	appellant in person Mr Skinner - respondent
SOLICITORS:	appellant unrepresented Australian Government Solicitor - respondent
CATCHWORDS:	incompetent appeal
DECISION:	appeal dismissed as incomptent with costs; motion for expedition dismissed

THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

40313/99

REGISTRAR JUPP

MONDAY 10 MAY 1999


KARIN S RENDER v HONOURABLE CHIEF JUSTICE GLEESON

JUDGMENT


1. REGISTRAR: In this case a Notice of Appeal was filed on 29 April 1999 from a decision of Justice Wood of 19 April 1999 dismissing a summons filed in the Common Law Division, with costs. The appellant has filed a Notice of Motion seeking, in effect, that the appeal be expedited and has sworn an affidavit indicating that her visa will expire in June this year.

2. There would be practical difficulties in allowing the appeal to be expedited so that it could actually be determined substantively this month, but that is another problem which I do not need to go into at this stage.

3. The respondent to the appeal has filed a Notice of Motion seeking to have the appeal dismissed. In support of that application Mr Skinner, who appears for the respondent, has taken me to the notice of appeal. Mr Skinner has argued that the notice of appeal does not disclose any competent grounds which the Court could consider.

4. I have been advised, and I have verified for myself, that the relevant decision of Justice Wood was pursuant to a Notice of Motion filed by the defendant in the Common Law Division, seeking to have those proceedings dismissed summarily. Pursuant to section 101 subsection (2)(l) of the Supreme Court Act, any appeal from such a judgment or order of the Court requires leave. The appellant in these proceedings has not sought leave and as such the appeal is incompetent.

5. Under the circumstances, the appropriate order is that the appeal be dismissed as incompetent with costs and that the Notice of Motion seeking expedition be dismissed.

Certified correct
Steve Jupp 25/5/99