Deveigne & Anor v Askar [2007] NSWCA 45

Reported Decision: 69 NSWLR 327

New South Wales Court of Appeal

CITATION: Deveigne & Anor v Askar [2007] NSWCA 45

HEARING DATE(S): 23 May 2006

JUDGMENT DATE: 13 March 2007

JUDGMENT OF: Hodgson JA at 1; Giles JA at 4; McColl JA at 27

DECISION: 1.Application for leave to appeal purportedly on behalf of Terry Deveigne dismissed as incompetent. 2. Join NRMA as the appellant. 3. Extend the time to seek leave to appeal. 4. Leave to appeal granted. 5. Appellant to file Notice of Appeal within seven (7) days of this order. 6. Appeal dismissed. 7. Appellant to pay the respondent's costs of the appeal.

CATCHWORDS: PROCEDURE — Commencement of proceedings against deceased defendant — costs orders obtained on applications made in name of deceased defendant —whether proceedings and orders a nullity or irregularities — joinder of statutory insurer - INFERIOR COURTS — District Court — status of orders made without power or jurisdiction - STATUTES — Motor Accidents Act 1988 — ss 17, 25, 47, 53, 54, 66A — District Court Act 1973 s 159 — District Court Rules Pt 7 r 8, Pt 24C rr 3, and 8, Pt 31 r 12A

Bankruptcy Act 1924 (Cth) Civil Procedure Act 2005 Conveyancing Act 1919 District Court Act 1973 Interpretation Act 1987 Law Reform (Miscellaneous Provisions) Act 1944 Legal Profession Act 1987 Limitation Act 1969 Limitation of Actions Act 1974 (Qld) Motor Accidents Act 1988 Motor Accidents Compensation Act 1999 LEGISLATION CITED: Motor Vehicles Insurance Act 1936 (Qld) Motor Vehicles (Third Party Insurance) Act 1942 Supreme Court Act 1970 Wills, Probate and Administration Act 1988 Workers Compensation Act 1987 Defamation Act 1992 (NZ) Limitation Act 1980 (UK) Supreme Court of Judicature (Consolidation) Act 1925 (UK) District Court Rules 1973 High Court Rules 1958 (Cth) Uniform Civil Procedure Rules 2005 Motor Vehicles Insurance Regulations 1968 (Qld)