Atkinson v Jeffery [2024] NSWCA 149

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Atkinson v Jeffery [2024] NSWCA 149 Hearing dates: 6 June 2024 Date of orders: 14 June 2024 Decision date: 14 June 2024 Before: Ward P; Meagher JA; Stern JA Decision: In proceedings 2024/162618 1. Dismiss the applicant Ms Atkinson's Summons Seeking Leave to Appeal from the judgment of Peden J on 27 October 2023. 2. Order that the applicant pay the respondents' (the Jefferys) costs of that Summons. In proceedings 2023/361086 1. Dismiss the applicant Ms Atkinson's Notice of Motion filed 29 May 2024 seeking to set aside the orders made by Adamson JA on 3 May 2024. 2. Order that the applicant pay the respondents' (the Jefferys) costs of that Motion. Catchwords: APPEALS – leave to appeal – where none of proposed grounds identifies arguable error and no issue of principle or question of public importance – leave refused APPEALS – practice and procedure – appeal dismissed by judge of appeal as "incompetent" – application for review under Supreme Court Act 1970 (NSW), s 46(4) – where applicant had sought to file summons seeking leave to appeal but did not make judge aware of that fact – order dismissing appeal not "plainly wrong" on facts as disclosed – no utility in setting aside order where no material difference between notice of appeal dismissed as "incompetent" and proposed appeal for which leave refused Legislation Cited: Conveyancing Act 1919 (NSW), ss 88K, 89 Supreme Court Act 1970 (NSW), ss 46(4), 101(2)(r) Uniform Civil Procedure Rules 2005 (NSW), rr 51.2, 51.4 Cases Cited: Atkinson v Jeffery [2024] NSWCA 96 Cheng v Motor Yacht Sales Australia Pty Ltd t/as The Boutique Boat Company (2022) 108 NSWLR 342; [2022] NSWCA 118 Hemmes Hermitage Pty Ltd v Abdurahman (1991) 22 NSWLR 343 Owners of Strata Plan 48754 v Anderson [1999] NSWSC 580 Pieper v Edwards [1982] 1 NSWLR 336 Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403 Singh v Singh [2017] NSWCA 15 Wentworth v Wentworth (1994) 35 NSWLR 726 Texts Cited: P Butt, Land Law (5th ed, 2006, Lawbook Co) Category: Principal judgment Parties: Nicole Atkinson (Applicant) Trevor Jeffery (First Respondent) Dina Jeffery (Second Respondent) Representation: Counsel: C Adamson (solicitor) (Applicant) B Michael (Respondents)