NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Franks v Cameron [2024] NSWCA 56 Hearing dates: 7 March 2024 Decision date: 15 March 2024 Before: Leeming JA at [1]; Adamson JA at [111]; Stern JA at [112] Decision: Appeal dismissed with costs Catchwords: PROCEDURE - dismissal for default - summons seeking appointment of trustees for sale of co-owned land - cross-claim seeking orders that defendant/cross-claimant was sole owner - cross-claimant did not appear at hearing - formal application for adjournment based on loss of legal representation, not being supplied with documents and psychiatric injury - informal application on morning of hearing based on cross-claim suffering cardiac episode - primary judge permitted cross-claimant to establish extenuating circumstances to justify adjournment - following subsequent contested hearing, primary judge not satisfied extenuating circumstances established - cross-claim dismissed and trustees for sale appointed - whether appeal as of right - nature of appeal - whether primary judge erred in not being satisfied Legislation Cited: Conveyancing Act 1919 (NSW), s 66G Evidence Act 1995 (NSW), s 140 Uniform Civil Procedure Rules 2005 (NSW), rr 7.29, 7.36, 36.16, 42.1 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Cameron v Franks [2023] NSWSC 437 Cameron v Franks (No 2) [2023] NSWSC 929 Cooke v Tweed Shire Council [2024] NSWCA 50 Foundas v Arambatzis (No 3) [2020] NSWCA 87 Franks v Franks [2013] NSWCA 60 House v The King (1936) 55 CLR 499; [1936] HCA 40 Lee v Lee (2019) 266 CLR 129; [2019] HCA 28 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541; [2018] HCA 30 Pham v Gall (2020) 102 NSWLR 269; [2020] NSWCA 116 Sali v SPC Ltd (1993) 67 ALJR 841; [1993] HCA 47 Category: Principal judgment Parties: Gregory Franks (Appellant) Brad Cameron (First Respondent) Alan Priest (Second Respondent) Nerryl Doney (Third Respondent) Representation: Counsel: Appellant self-represented M Cobb-Clark (First Respondent)
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