Gersbach v Gersbach [2020] NSWCA 153

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gersbach v Gersbach [2020] NSWCA 153 Hearing dates: 17 July 2020 Decision date: 23 July 2020 Before: Macfarlan JA at [1]; Leeming JA at [2]; White JA at [51]. Decision: Summons filed 20 March 2020 dismissed, with costs. Catchwords: PROCEDURE – appeals – extension of time – application for extension of more than a year to bring appeal – applicant mentally unwell – poor prospects of success – change of position by respondent during previous year – more than usual prejudice in responding to appeal – extension refused Legislation Cited: Limitation Amendment (Child Abuse) Act 2016 (NSW) Cases Cited: Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Gersbach v Gersbach [2018] NSWSC 1685 R v Tillott (1995) 38 NSWLR 1 Category: Principal judgment Parties: Jayne Gersbach (Applicant) Rodney Gersbach (Respondent) Representation: Counsel: Applicant in person G McNally SC (Respondent)

Solicitors: Breene & Breene Solicitors (Respondent) File Number(s): 2018/371542 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2018] NSWSC 1685 Date of Decision: 9 November 2018 Before: Garling J File Number(s): 2013/327902