French v Bremner (No 2) [2020] NSWCA 211

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: French v Bremner (No 2) [2020] NSWCA 211 Hearing dates: 4 September 2020 Decision date: 04 September 2020 Before: Basten JA Decision: (1) In relation to the motion filed by Mr French on 4 August 2020: (a) Dismiss the motion. (b) Order that the costs of the motion be costs in the cross-appeal. (2) In relation to the motion filed by Ms Bakey on 4 August 2020: (a) Dismiss the motion. (b) Order that the second cross-respondent's costs of the motion be her costs in the cross-appeal. Catchwords: PRACTICE AND PROCEDURE – appeal and cross-appeal – failure to prosecute with due despatch – application to dismiss cross-appeal – non-compliance with directions for filing submissions – indulgences granted by extending dates – submissions filed by extended date – Uniform Civil Procedure Rules 2005 (NSW), r 12.7 PRACTICE AND PROCEDURE – appeal and cross-appeal – cross-appeal – procedural irregularity – notice of cross-appeal to commence proceedings against non-appellant – proceedings lacking in merit – whether frivolous, vexatious or an abuse of process – Uniform Civil Procedure Rules 2005 (NSW), r 13.4 Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), rr 12.7, 13.4 Cases Cited: Chamberlain Group Pty Ltd v Kids for Life Academy Pty Ltd [2015] NSWCA 241 French v Bremner [2020] NSWCA 77 Category: Procedural and other rulings Parties: Andrew Boyd French (Appellant / First Cross-Respondent) Christopher Bremner (Respondent / Cross-Appellant) Gabrielle June Bakey (Second Cross-Respondent) Representation: Counsel: Appellant / First Cross-Respondent in person Mr A Harding (First Respondent / Cross-Appellant)) Ms G Bakey in person (Second Cross-Respondent)