Samootin v Shea [2010] NSWCA 371

New South Wales Court of Appeal

CITATION: Samootin v Shea [2010] NSWCA 371

HEARING DATE(S): 8 November 2010

JUDGMENT DATE: 21 December 2010

JUDGMENT OF: Beazley JA at 1; Hodgson JA at 2; Campbell JA at 10

(1) All applications presently on foot by Alexandra Samootin seeking leave to appeal from a decision of Hammerschlag J of 16 July 2007, 17 July 2007, 30 July 2007 or 3 September 2007 (including without limiting the generality of the foregoing, all applications for leave to appeal from a decision of Hammerschlag J that have been filed in proceedings formerly known as 40598 of 2007 in the Court of Appeal, and now known as 2007/266108) are dismissed with costs. (2) All applications made by Alexandra Samootin presently on foot seeking leave to appeal, or an extension of time in which to seek leave to appeal, from any decisions of Palmer J of 1 August 2003, 27 August 2003, 24 June 2004 or 28 June 2004 (including without limiting the generality of the foregoing, any such application filed in proceedings formerly known as 40598 of 2007 and now known as 2007/266108) are dismissed with costs. (3) The Notice of Motion filed 4 June 2010 is dismissed with costs. (4) All applications made by Alexandra Samootin presently on foot DECISION: (i) seeking leave to adduce further evidence in any application seeking leave to appeal from a decision of Hammerschlag J of 16 July 2007, 17 July 2007, 30 July 2007 or 3 September 2007, or; (ii) seeking leave to receive further evidence in any application made by Alexandra Samootin presently on foot seeking leave to appeal, or an extension of time in which to seek leave to appeal, from any decision of Palmer J of 1 August 2003, 27 August 2003, 24 June 2003 or 28 June 2004, or; (iii) to receive further evidence in the notice of motion filed 4 June 2010; are dismissed with costs. (5) The application made by Alexandra Samootin for an injunction restraining the registered proprietor of 24 Oxford Falls Road, Beacon Hill from dealing with that property is dismissed. [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]