Prouten v Buxton [2024] NSWCA 262

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Prouten v Buxton [2024] NSWCA 262 Hearing dates: 28 October 2024 Date of orders: 28 October 2024 Decision date: 28 October 2024 Before: Basten AJA Decision: (1) The notice of appeal filed on 4 September 2024 be struck out. (2) The appellant to pay the respondent's costs of the motion. Catchwords: CIVIL PROCEDURE – appeal – leave to appeal – notice of appeal filed – satisfaction of threshold to appeal without leave – claim in defamation dismissed at trial – contingent assessment of damages well below threshold – pro forma certificate by solicitor Legislation Cited: District Court Act 1973 (NSW), s 127 Uniform Civil Procedure Rules 2005 (NSW), r 51.22 Category: Procedural rulings Parties: Sandra Prouten (Appellant) Anthony Buxton (Respondent) Representation: Counsel: J Levine (Appellant) M Cowden (Respondent)

Solicitors: Matrix Legal (Appellant) Moray & Agnew Lawyers (Respondent) File Number(s): 2024/235644 Publication restriction: N/A Decision under appeal Court or tribunal: District Court New South Wales Jurisdiction: Civil Citation: [2024] NSWDC 182 Date of Decision: 4 June 2024 Before: Gibson DCJ File Number(s): 2020/192782

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]