Wang & Liu v State of New South Wales [2011] NSWCA 321

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wang & Liu v State of New South Wales [2011] NSWCA 321 Hearing dates: 29 September 2011 Decision date: 29 September 2011 Before: Campbell JA at [1], [27] Handley AJA at [26] 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 - s 101(1) Supreme Court Act 1970 - appeals only lie against a "judgment or order" - where there is no formal judgment or order which when entered is binding on the parties and definitive of legal rights, no appeal lies - appeal is against judgment or order, not against the reasons for judgment - impossible to appeal against orders that have not been made Legislation Cited: Supreme Court Act 1970 Cases Cited: Ah Toy v Registrar of Companies (1985) 10 FCR 280 Driclad Pty Ltd v Federal Commissioner of Taxation (1968) 121 CLR 45 Johnston v Nationwide News Pty Ltd [2005] NSWCA 17; (2005) 62 NSWLR 309 Lake v Lake [1955] P 336 Legal Practitioners Complaints Committee v A Practitioner (1987) 46 SASR 126 Moller v Roy (1975) 132 CLR 622 Universal Tape Wholesalers Pty Ltd v AMP Fire and General Insurance Co Ltd (NSWCA, 8 March 1991, unreported) Wang v State of New South Wales [2010] HCASL 273 Wang v State of New South Wales [2010] NSWCA 209 Wang v State of New South Wales [2011] NSWSC 609 Wang v State of New South Wales [2011] NSWSC 882 Category: Principal judgment Parties: Li Wang & Yu Liu (Applicants) State of New South Wales (Respondent) Representation: Counsel In person (Applicants) C F Hodgson (Respondent) Solicitors Unrepresented (Applicants) Crown Solicitor (Respondent) File Number(s): 2010/423390 Publication restriction: Nil Decision under appeal Jurisdiction: 9111 Citation: Wang v State of New South Wales [2011] NSWSC 609 Date of Decision: 2011-06-23 00:00:00 Before: Schmidt J File Number(s): 2010/423390