Mulligan v The Nominal Defendant [2021] NSWCA 222

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mulligan v The Nominal Defendant [2021] NSWCA 222 Hearing dates: 20 August 2021 Date of orders: 17 September 2021 Decision date: 17 September 2021 Before: Macfarlan JA; Emmett AJA Decision: Summons seeking leave to appeal dismissed with costs. Catchwords: APPEALS – application for leave to appeal – proposed appeal has no significant prospect of success – no issue of principle – no question of general public importance Cases Cited: Brown v Lewis (2006) 65 NSWLR 587; [2006] NSWCA 87 Carolan v AMF Bowling Pty Ltd (t/as Bennetts Green Bowl) [1995] NSWCA 69 Lee v New South Wales Crime Commission (2012) 224 A Crim R 94; [2012] NSWCA 262 Category: Principal judgment Parties: Violet Evelyn Mulligan (Applicant) The Nominal Defendant (Respondent) Representation: Counsel: A Canceri (Applicant) K Rewell SC (Respondent)

Solicitors: CMC Lawyers (Applicant) Hall & Wilcox Lawyers (Respondent) File Number(s): 2020/347791 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Date of Decision: 3 December 2020 Before: Wass SC DCJ File Number(s): 2016/282581

[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.]