Barbieri v Pirovic [2021] NSWCA 341

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Barbieri v Pirovic [2021] NSWCA 341 Hearing dates: 13 December 2021 Date of orders: 13 December 2021 Decision date: 13 December 2021 Before: Brereton JA Decision: (1) Unless by 14 January 2022 the appellant has filed her submissions and supporting affidavit on the question of an extension of time, the proceedings be dismissed with costs. (2) The proceedings be otherwise adjourned to 7 February 2022 before the Registrar for further directions with a view to referral that day to a judge for hearing of the question of an extension of time if the proceedings have not by then been dismissed. (3) The appellant pay the respondent's costs of today fixed in the sum of $500.00. Catchwords: CIVIL PROCEDURE – Court of Appeal – Objections to competency of appeal – Appeal out of time – No compliance by appellant with directions for filing of affidavits and submissions on question of extension of time – No motion for dismissal filed by respondent – First default by appellant in this Court – Indulgence granted to appellant but with self-executing dismissal of appeal if orders not complied with Cases Cited: Pirovic v Barbieri [2020] NSWSC 1892 Pirovic v Barbieri [2021] NSWSC 335 Category: Procedural rulings Parties: Anita Victoria Barbieri in her capacity as executrix of the estate of the late Frank Bakaric (Appellant) Antun Pirovic (Respondent) Representation: Counsel: T Hall (sol) (Appellant) J Drummond (Respondent)

Solicitors: Hall Partners (Appellant) Delaney Lawyers (Respondent) File Number(s): 2021/305801 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Citation: [2020] NSWSC 1892; [2021] NSWSC 335 Date of Decision: 21 December 2020; 8 April 2021 Before: Sackar J File Number(s): 2019/199597