Krishna v Lovett [2011] NSWCA 354

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Krishna v Lovett [2011] NSWCA 354 Hearing dates: 11 November 2011 Decision date: 11 November 2011 Before: McColl JA at [1], [27], Tobias AJA at [26] Decision: Summons dismissed. Applicant to pay respondent's 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 - extension of time to appeal - principles - proposed appeal 17 months out of time - whether proposed appeal has more substantial merit than being only fairly arguable Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Blackmore v Browne [2011] NSWCA 114 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 Category: Principal judgment Parties: Ben Krishna - applicant Mark Lovett - first respondent David Edward Verall - second respondent Representation: The Hon M Foley - applicant D E Grieve QC with C J Smith - respondents Raniga Lawyers - applicant Somerville Laundry Lomax - respondents File Number(s): 2011/00275700 Publication restriction: No Decision under appeal Citation: Ben Krishna & Uma Krishna v David Edward Verrall and Mark Lovett Date of Decision: 2010-03-01 00:00:00 Before: Blanch J DCJ File Number(s): 812/06