Kearney v Amirbeaggi [2022] NSWCA 130

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kearney v Amirbeaggi [2022] NSWCA 130 Hearing dates: 27 June 2022; 20 July 2022 Date of orders: 20 July 2022 Decision date: 20 July 2022 Before: Brereton JA Decision: (1) Grant leave to the applicant to amend the summons for leave to appeal, by adding a claim for leave to appeal from the orders of the Common Law Division made on 10 June 2022; (2) Order that the amended application for leave to appeal be adjourned to 31 October 2022; (3) Stay the proceedings in the Common Law Division pending the hearing of the application for leave to appeal. Catchwords: APPEALS – Leave to appeal – Appeal against multiple interlocutory orders, relevantly including an order declining to adjourn proceedings after applicant sought and was granted expedition – Where new psychiatric evidence suggests continuance of proceedings would adversely impact applicant's mental health – Appellate court may interfere with case management decision of trial judge to prevent possible miscarriage of justice – In interests of justice, proceedings below stayed pending hearing of application for leave to appeal; hearing of application for leave to appeal adjourned Legislation Cited: Civil Procedure Act 2005 (NSW), s 64(3) Supreme Court Act 1970 (NSW), s 46(2)(b). Supreme Court Rules 1970, Pt 51, r 10 Uniform Civil Procedure Rules 2005 (NSW), r 51.44 Cases Cited: Kearney v Amirbeaggi [2020] NSWSC 1035 Kearney v Amirbeaggi [2022] NSWSC 130 Kearney v Amirbeaggi [2022] NSWSC 805 Raybos Australia Pty Ltd v Tectran Corporation Pty Ltd (No 4) (1986) 6 NSWLR 674 Category: Principal judgment Parties: Brian Raymond Kearney (Applicant) Farshad Amirbeaggi (First Respondent) ACN 111 804 383 Pty Limited (formerly Yates Beaggi Lawyers Pty Ltd) trading as Yates Beaggi Lawyers (Second Respondent) Representation: Counsel: Mr B R Kearney, in person (Applicant)