Pachkovski v Australian Executor Trustees Ltd (No 2) [2011] NSWCA 95

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Pachkovski v Australian Executor Trustees Ltd (No 2) [2011] NSWCA 95 Hearing dates: 8 April 2011 Decision date: 08 April 2011 Before: Hodgson JA at [1], [25]; McColl JA at [23]; Campbell JA at [24] Decision: Application for leave to appeal dismissed with costs. [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 - Application for leave to appeal out of time - No appearance for applicants on date appointed for hearing - Whether documents supplied by applicants supported the granting of leave. Cases Cited: Australian Executor Trustees Ltd v Pachkovski [2011] NSWCA 23 Australian Executor Trustees Ltd v Pachkovski [2010] NSWSC 1089 Category: Principal judgment Parties: Alexandre PACHKOVSKI (first applicant) Violetta PRIMANZON (second applicant) Grigoriy PRIMANZON (third applicant) AUSTRALIAN EXECUTOR TRUSTEES LTD (ACN 007 869 794) Representation: Counsel: No appearance (applicants) J SIMPKINS SC (respondent) Solicitors: Self-represented (applicants) Gadens Lawyers (respondent) File Number(s): 2009/295053 Decision under appeal Citation: Australian Executor Trustees Limited v Alexandre Pachkovski & Ors [2010] NSWSC 1089 Date of Decision: 2010-09-24 00:00:00 Before: Hidden J File Number(s): SC 2009/295053