Ford by his tutor Beatrice Ann Watkinson v Perpetual Trustees Victoria Limited [2009] NSWCA 43

New South Wales Court of Appeal

CITATION: Ford by his tutor Beatrice Ann Watkinson v Perpetual Trustees Victoria Limited [2009] NSWCA 43 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 5 March 2009

JUDGMENT DATE: 5 March 2009

JUDGMENT OF: Allsop P at 1; Young CJ in Equity at 17; Sackville AJA at 18

EX TEMPORE JUDGMENT DATE: 5 March 2009

1. Grant leave to the respondent to file within 7 days and rely upon a cross appeal in the form presented to the court in this application minus ground 4. 2. Vacate the hearing of the appeal today. 3. Orders that the respondents to pay the costs of today and of the application before the Registrar on an indemnity basis and that the appellant have leave to tax such costs forthwith. 4. Order 3 to supplant any order for costs made by the Registrar on an indemnity basis. DECISION: 5. Grant the appeal and the cross appeal expedition. 6. Direct the parties to approach the Registrar as soon as possible for the arrangements of a new date on or after 9 May 2009 on the basis of one to two days. 7. Grant leave to the appellant within 14 days to file an amended notice of appeal. 8. Within 14 days the appellant file and serve the submissions on the cross appeal and the amended appeal. 9. Within 14 days thereafter the respondent file and serve written submissions and reply.

CATCHWORDS: PROCEDURE - Notices of motion to review of decision of the Registrar - filing of cross appeal out of time - potential prejudice to the appellant - leave granted to file cross appeal