Warne v ACN 603 541 411 Pty Ltd t/a Chandlers International Lawyers [2024] NSWCA 244

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Warne v ACN 603 541 411 Pty Ltd t/a Chandlers International Lawyers [2024] NSWCA 244 Hearing dates: 09 October 2024 Date of orders: 09 October 2024 Decision date: 09 October 2024 Before: Kirk JA Decision: (1) Stand over prayer 1 of the respondent's motion filed on 23 August 2024 to 28 October 2024 before the Registrar of the Court of Appeal. (2) Direct that the appellant file any application for an extension of time, together with a supporting affidavit, by 23 October 2024. (3) Strike out the appellant's notice of appeal filed on 1 August 2024. (4) Grant the appellant leave to file an amended notice of appeal, compliant with the rules, by 23 October 2024. (5) List the matter before the Registrar of the Court of Appeal for directions on 28 October 2024. (6) The appellant is to pay the respondent's costs of the motion to date. Catchwords: APPEALS — procedure — time limits — whether delay in filing appeal of two days is sufficient basis to dismiss an appeal as incompetent where no prejudice suffered by respondent — appellant provided opportunity to file an application for an extension of time APPEALS — procedure — notice of appeal — where notice of appeal does not comply with formal requirements of the Uniform Civil Procedure Rules concerning specificity of grounds of appeal — non-compliant notice of appeal struck out — appellant provided opportunity to file compliant notice of appeal Legislation Cited: District Court Act 1973 (NSW), s 127 Civil Procedure Act 2005 (NSW), ss 56-60 Supreme Court Act 1970 (NSW), s 23 Uniform Civil Procedure Rules 2005 (NSW), rr 51.16(1)(c), 51.18, 51.22, 51.41. Cases Cited: Asuzu v Council of the New South Wales Bar Association [2012] NSWCA 406 Corporate Affairs Commission v Solomon [1989] NSWCA 51 Tanious v South Eastern Sydney Local Health District [2015] NSWCA 356 Texts Cited: Bernard C Cairns, Australian Civil Procedure (13th ed, Thomson Reuters, 2024) Category: Procedural rulings Parties: Colin Philip Warne (Appellant) Chandlers International Lawyers (Respondent) Representation: Counsel: C Warne (Appellant) (Self-represented) H Treisman (Respondent) (sol)