Young v King

[2013] NSWCA 364

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Young v King [2013] NSWCA 364

Hearing dates:

On the papers

Decision date:

31 October 2013

Before:

Leeming JA

Decision:

In proceeding 2013/162966, by consent:

(1) Appeal upheld.

(2) Remit the proceeding to Sheahan J for determination.

(3) Respondents to pay the appellant's costs of the appeal.

(4) Respondents to have a certificate pursuant to s 6 of the Suitors' Fund Act 1951, if so qualified.

In proceeding 2013/46329:

Direct the parties to bring in within seven days agreed short minutes of order dealing with proceeding 2013/46329, or alternatively within that time to serve and supply to the Associate to Justice Leeming proposed orders accompanied by short submissions as to the future conduct of that proceeding, including whether any oral hearing is requested and, if so, the reasons why to do so would be consistent with s 56 of the Civil Procedure Act 2005.

[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 - Consent orders allowing appeal - Court satisfied that respondents' concessions of appellable error properly made

Legislation Cited:

Civil Procedure Act 2005, s 56
Supreme Court Act 1970, s 46(1)(a) and (5)
Revised Professional Conduct and Practice Rules 1995, r 19

Cases Cited:

Cameron v Qantas Airways Ltd [2009] NSWCA 339
John Lysaght Australia Ltd v Butfield [1995] NSWCA 221
Kallinicos v Hunt [2005] NSWSC 1181; 64 NSWLR 561
Kirk v Industrial Court of New South Wales [2010] HCA 1; 239 CLR 531

Category:

Principal judgment

Parties:

In proceeding 2013/162966:
Margo Young (appellant)
Brendan King (first respondent)
Kristina King (second respondent)

In proceeding 2013/46329:
Margo Young (applicant)
Land & Environment Court of NSW (first respondent)
Brendan King (second respondent)
Kristina King (third respondent)

Representation:

Counsel:
R Newell (appellant/applicant)
M Wright (all respondents other than first respondent in proceeding 2013/46329)
Solicitors:
LC Muriniti & Associates (appellant/applicant)
Terrence Stern (all respondents other than first respondent in proceeding 2013/46329)
Crown Solicitor's Office (first respondent in proceeding 2013/46329)

File Number(s):

2013/162966 2013/46329

 Decision under appeal 

Citation:

[2012] NSWLEC 236

Date of Decision:

2012-10-19 00:00:00

Before:

Sheahan J

File Number(s):

LEC 2003/40417

Judgment

1. LEEMING JA: Leave to appeal from the interlocutory decision of Sheahan J was granted by the Court constituted by Tobias AJA and me on 22 August 2013. The appeal was set down to be heard on Monday 28 October 2013. By correspondence between the parties and the Registrar of this Court between 21 and 25 October, it became clear that the respondents consented to orders allowing the appeal with costs, and remitting the proceedings to Sheahan J for determination. Those orders reflect two concessions made…