Salmon v Albarran [2024] NSWCA 3

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Salmon v Albarran [2024] NSWCA 3 Hearing dates: 25 January 2024 Date of orders: 25 January 2024 Decision date: 29 January 2024 Before: Meagher JA Decision: (1) Dismiss the applicants' notice of motion with costs, including the costs of the hearing before Griffiths AJA on 17 January 2024. (2) Set aside Order 1 made by Griffiths AJA on 17 January 2024. Catchwords: APPEALS – jurisdiction of appellate court – extension of time for filing and serving appeal under UCPR r 51.9(1)(b) – notice of intention to appeal filed and served – no notice of appeal filed and served – whether power under r 51.9(1)(b) may be exercised where no appeal or other proceeding commenced – in absence of filed notice of appeal there is no proceeding within which that power may be exercised Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 1.12, 18.1, 51.1, 51.2, 51.7, 51.8, 51.9, 51.16 Cases Cited: Olsen v Mentink [2019] NSWCA 279 Category: Procedural rulings Parties: Owen Salmon (First Applicant) TCBS Group Holdings Pty Ltd (Second Applicant) Richard Albarran (First Respondent) Geoffrey McDonald (Second Respondent) Steven Brown (Third Respondent) Robert Elliott (Fourth Respondent) Drew Townsend (Fifth Respondent) David Kenney (Sixth Respondent) Luigino Malacco (Seventh Respondent) Paul Leroy (Eighth Respondent) Representation: Counsel: O Salmon (Self-represented) (Applicants) N Simone (First, Second and Fourth to Eighth Respondents) N Batista (Third Respondent)