New South Wales Court of Appeal CITATION : Render v Gleeson [1999] NSWCA 154 FILE NUMBER(S) : CA 40313/99 HEARING DATE(S) : 10 May 1999 JUDGMENT DATE : 10 May 1999 PARTIES : Karin S Render - appellant/claimant/opponent Honourable Chief Justice Gleeson - respondent/claimant/opponent JUDGMENT OF : Registrar Jupp LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 10500/99 LOWER COURT JUDICIAL OFFICER : Wood J COUNSEL : appellant in person Mr Skinner - respondent SOLICITORS : appellant unrepresented Australian Government Solicitor - respondent CATCHWORDS : incompetent appeal DECISION : appeal dismissed as incomptent with costs; motion for expedition dismissed THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 40313/99 REGISTRAR JUPP MONDAY 10 MAY 1999 KARIN S RENDER v HONOURABLE CHIEF JUSTICE GLEESON JUDGMENT 1. REGISTRAR: In this case a Notice of Appeal was filed on 29 April 1999 from a decision of Justice Wood of 19 April 1999 dismissing a summons filed in the Common Law Division, with costs. The appellant has filed a Notice of Motion seeking, in effect, that the appeal be expedited and has sworn an affidavit indicating that her visa will expire in June this year. 2. There would be practical difficulties in allowing the appeal to be expedited so that it could actually be determined substantively this month, but that is another problem which I do not need to go into at this stage. 3. The respondent to the appeal has filed a Notice of Motion seeking to have the appeal dismissed. In support of that application Mr Skinner, who appears for the respondent, has taken me to the notice of appeal. Mr Skinner has argued that the notice of appeal does not disclose any competent grounds which the Court could consider. 4. I have been advised, and I have verified for myself, that the relevant decision of Justice Wood was pursuant to a Notice of Motion filed by the defendant in the Common Law Division, seeking to have those proceedings dismissed summarily. Pursuant to section 101 subsection (2)(l) of the Supreme Court Act, any appeal from such a judgment or order of the Court requires leave. The appellant in these proceedings has not sought leave and as such the appeal is incompetent. 5. Under the circumstances, the appropriate order is that the appeal be dismissed as incompetent with costs and that the Notice of Motion seeking expedition be dismissed. Certified correct Steve Jupp 25/5/99 DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.