O'Donnell v S Abbott; O'Donnell v D A Abbott [2001] NSWCA 184

New South Wales Court of Appeal

CITATION : O'Donnell v S Abbott; O'Donnell v D A Abbott [2001] NSWCA 184 FILE NUMBER(S) : CA 40892/00; 40893/00 HEARING DATE(S) : 15/06/01 JUDGMENT DATE : 21 June 2001

PARTIES : Kerry Ann O'Donnell v Sylvia Abbott Kerry Ann O'Donnell v Deborah Anne Abbott JUDGMENT OF : Stein JA at 1; Ipp AJA at 2; Fitzgerald AJA at 27

LOWER COURT JURISDICTION : Supreme Court LOWER COURT 20996/94; 20997/94 FILE NUMBER(S) : LOWER COURT Bell J JUDICIAL OFFICER :

COUNSEL : F S McAlary QC/W M Fitzsimmons (Appellants) F Santisi (Respondents) SOLICITORS : Abbott Tout (Appellants) G H Healey & Co (Respondents) CATCHWORDS : PRACTICE - Jurisdiction - Self-executing orders - Application for leave to appeal - Whether orders made by Master and entered by Deputy Registrar had effect - Powers of Registrar - orders of court - proceedings were dismissed by orders of Deputy Registrar and thus there was no jurisdiction for the orders to be later set aside or an extension of time granted. D LEGISLATION CITED : Supreme Court Act 1970 Supreme Court Rules 1970 FAI General Insurance Company Limited v Southern Cross Exploration NL (1988) 165 CLR 268 CASES CITED: Bailey v Marinoff (1975) 125 CLR 529 DJL v Central Authority (2000) 74 ALJR 706 DECISION : (1) Applications for leave to appeal granted (2) Appeals upheld (3) Matters remitted to Bell J for determination according to law (4) Opponents to pay the claimant's costs of the appeal (5) The Opponents to have a certificate under the Suitors' Fund Act.