Sajn v Kennedy [2011] NSWCA 189

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sajn v Kennedy [2011] NSWCA 189 Hearing dates: 11 July 2011 Decision date: 11 July 2011 Before: Hodgson JA Decision: On Mr Kennedy's notice of motion dated 20 June 2011: (1) Appeal dismissed as incompetent; (2) Ms Sajn to pay Mr Kennedy's costs of that notice of motion; (3) Costs of the appeal to date to be costs in an application for leave to appeal to be filed by Ms Sajn; (4) Time for the filing of that application and accompanying white book extended to 28 days from today; (5) The white book need not include material that has already been included in the red book of the appeal. In the other notice of motion: Ms Sajn's notice of motion dated 4 July 2011 is dismissed with no order as to 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: PROCEDURE - Appeal - Application to dismiss appeal as incompetent - Appropriate orders. Legislation Cited: Uniform Civil Procedure Rules rr 51.22, 51.41 Cases Cited: Maynes v Casey [2011] NSWCA 156 Category: Procedural and other rulings Parties: Danica Maria SAFN (Appellant) Matthew Harold KENNEDY (Respondent) Representation: Appellant: L J Friedwald Respondent: A D Crossland Appellant: Stojanovic Solicitors Respondent: --- File Number(s): 2007/294235 Decision under appeal Date of Decision: 2010-12-22 00:00:00 Before: S J Gibb DCJ File Number(s): 2007/294235