Thomas v Stockman and Evans

[2012] NSWCA 444

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Thomas v Stockman & Evans [2012] NSWCA 444

Hearing dates:

12 December 2012

Decision date:

12 December 2012

Before:

Allsop P at [1]; [9]
Macfarlan JA at [2]

Decision:

The Court makes the following orders:

1. The application for leave to appeal be dismissed with costs.

2. Any application for an extension of time for filing and serving a Notice of Appeal from the decision of the Supreme Court appointing the Trustees for sale be filed on or before Friday 14 December 2012.

3. Any supporting material, whether by way of submissions or affidavits by any party, be filed by the first day of term and that application is stood over for hearing to the first referral day in the new term, Monday 4 February 2013 [later amended in chambers to Tuesday 29 January 2013].

[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 - application for leave to appeal refused - no issue of principle

Legislation Cited:

Supreme Court Act 1970

Category:

Principal judgment

Parties:

Annette Thomas (Applicant)
Alan Stockman trading as Stockman & Evans (Respondent)

Representation:

Counsel:
Applicant in person
D J Williams/T Holmes (Respondent)
Solicitors:
Applicant in person
Stockman & Evans (Respondent)

File Number(s):

CA 2012/324029

 Decision under appeal 

Jurisdiction:

9111

Citation:

Evans v Thomas

Date of Decision:

2012-09-21 00:00:00

Before:

Schmidt J

File Number(s):

SC 2011/357637

Judgment

1. ALLSOP P: I will ask Macfarlan JA to deliver the first judgment.

1. MACFARLAN JA: This is an application for leave to appeal against a decision of Schmidt J dated 21 September 2012 giving judgment against the applicant for possession of a property at Bulahdelah. The property was owned by the late Ms Lorraine Hoad who died on 29 July 2006 and left the property equally to her daughters: the applicant and Ms Lorraine Thomas. The applicant moved into the property in 2010.

1. Probate was granted on 31 August 2006, and on 2 February 2011 the Court appointed the opponents as statutory trustees for the sale of the property. On 9 November 2011 the opponents commenced the present proceedings for possession. On 22 March and 5 July 2012 the applicant, when represented, consented to orders permitting the opponents to have access to the property for the purposes of sale. As that access was denied, on 25 July 2012 the opponents filed a Notice of Motion seeking an order for possession. After granting adjournments to the applicant on 31 July and 15 August 2012, on 21 September 2012 Schmidt J refused an application for a further adjournment and delivered the judgment that is the subject of the…