Moskios v Splendid Developments Pty Ltd; Bishay v Moskios [2011] NSWCA 210

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Moskios v Splendid Developments Pty Ltd; Bishay v Moskios [2011] NSWCA 210 Hearing dates: 25 July 2011 Decision date: 25 July 2011 Before: Campbell JA at [1], [29], [37] Macfarlan JA at [27], [35] Whealy JA at [28], [36] Decision: (1) The summons seeking leave to appeal, that Mr Bishay brings concerning the decision of her Honour Judge Gibb, is dismissed with costs. (2) Mr Bishay and Splendid Developments ordered to pay the costs of the application brought by Mr Moskios, and it is noted that Mr Moskios' application is discontinued. [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 - Leave to appeal - interlocutory judgments and orders - relevance of matter decided in interlocutory judgment continuing to be open to challenge on appeal from final decision - where reversal of an interlocutory decision would not avoid a first trial, or require a second trial - insufficient prospects of success on appeal to justify the grant of leave - whether primary judge erred in granting leave to amend Statement of Claim - whether primary judge erred in granting leave to withdraw admissions - whether orders entered were materially different to those pronounced in open Court - relevance of s 56 Civil Procedure Act 2005 to applications for leave to appeal