Fitzgerald v Parramatta Leagues Club Limited [2010] NSWCA 88

New South Wales Court of Appeal

CITATION: Fitzgerald v Parramatta Leagues Club Limited [2010] NSWCA 88

HEARING DATE(S): 19 April 2010

JUDGMENT DATE: 19 April 2010

JUDGMENT OF: Allsop P at 1; Young JA at 10

EX TEMPORE JUDGMENT DATE: 19 April 2010

1. The summons in the Equity Division summons seeking leave to appeal, Mr Fitzgerald's affidavit and any available note by the solicitors of the reasons of the two judges of the Court of Appeal be served upon the defendant, to the extent possible, by 5.45 this afternoon by email and by personal service. DECISION: 2. The Equity Division summons be remitted to the Equity Division and be listed before the Corporations Judge no earlier than 2 o'clock on Tuesday 20 April. 3. The order of the Equity Division of today's date listing the matter before the registrar on Friday 23 April at 9.15 be vacated. 4. Leave to appeal dismissed.

PARTIES: Denis Fitzgerald Parramatta Leagues Club Limited

FILE NUMBER(S): CA 2010/94885

COUNSEL: A J Sullivan QC and R Weber SC (Applicant) - ex parte

SOLICITORS: Slater & Gordon (Applicant)

LOWER COURT JURISDICTION: Supreme Court - Equity Division

LOWER COURT FILE NUMBER(S): 2010/94885

LOWER COURT JUDICIAL OFFICER: Gzell J

LOWER COURT DATE OF DECISION: 19 April 2010

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 2010/94885

ALLSOP P YOUNG JA

Monday 19 April 2010 DENIS FITZGERALD v PARRAMATTA LEAGUES CLUB LIMITED Judgment 1 ALLSOP P: I accept and fully understand the difficult position practitioners are often placed in deciding whether to move the Court with minimal documents or move the Court after steps are taken, however, here, I think it is very important that the matter has come to the Court ex parte when the Parramatta Club has not been served either the summons or affidavits or the application for leave to appeal in circumstances where the letter about which complaint is made was first received on 8 April 2010.