Blackmore v Browne; Kara Kar Holdings Pty Ltd v Blackmore [2011] NSWCA 114

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Blackmore v Browne; Kara Kar Holdings Pty Ltd v Blackmore [2011] NSWCA 114 Hearing dates: 2 May 2011 Decision date: 02 May 2011 Before: Campbell JA Decision: 1. On notice of motion filed 11 April 2011, grant extension of time for filing of Notice of Appeal. Applicants to pay costs of notice of motion. 2. On notice of motion filed 21 March 2011, dismiss notice of motion seeking to have appeal dismissed as incompetent. Applicants to pay costs of notice of motion. [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: PROCEDURE - extension of time to appeal - principles - order in which application to strike out appeal as incompetent because filed out of time, and application for extension of time, should be dealt with - whether "fairly arguable case" always a requirement - extra risk of late filing of documents not been promptly noticed the cause of change in Registry practice.

APPEAL - extension of time to appeal - principles - order in which application to strike out appeal as incompetent because filed out of time, and application for extension of time, should be dealt with - whether "fairly arguable case" always a requirement - extra risk of late filing of documents not been promptly noticed the cause of change in Registry practice.