Hollier v Sutcliffe [2011] NSWCA 24

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hollier v Sutcliffe [2011] NSWCA 24 Hearing dates: 14 February 2011 Decision date: 14 February 2011 Before: Allsop P at 1 Decision: 1. Pursuant to Pt 12 r 12.7 of the Uniform Civil Procedure Rules dismiss the appeal with costs. 2. Refuse orders sought in paras 2(b) and 3 of the Further Amended Notice of Motion filed in court on 14 February 2011. 3. As to the costs of the Further Amended Notice of Motion as between the applicant on the motion (respondent to the appeal) and CMC Lawyers: (a) the applicant on the motion pay CMC Lawyers' costs of briefing Counsel to appear on 14 February 2011; (b) otherwise no order as to costs. 4. The applicant on the motion provide to the appellant a copy of the orders made on the motion together with a copy of my reasons within 7 days of receipt of the settled form of orders and reasons. [Note: 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.] Catchwords: APPEAL - civil - application to dismiss - whether appeal should be dismissed for want of despatch

COSTS - against non parties - whether legal practitioners liable for unnecessary costs - whether serious neglect, serious incompetence or serious misconduct Legislation Cited: Civil Procedure Act 2005 (NSW) s 99(1) Category: Principal judgment Parties: Samantha Hollier (Appellant) Dr Rachael Sutcliffe (Respondent) Representation: Counsel: No appearance (Appellant) Mr G Gregg (Respondent) Ms Dulhunty (CMC Lawyers) Solicitors: CMC Lawyers (Appellant) Sparke Helmore Lawyers (Respondent) File Number(s): 2010/104240 Decision under appeal Jurisdiction: 9111 Citation: Hollier v Sutcliffe [2010] NSWSC 279 Date of Decision: 2010-04-23 00:00:00 Before: R A Hulme J File Number(s): 20002/08