Ellis v Newton [2012] NSWCA 22

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ellis v Newton [2012] NSWCA 22 Hearing dates: 27 February 2012 Decision date: 27 February 2012 Before: Young JA Decision: Notice of motion to dismiss for incompetence is 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: PRACTICE AND PROCEDURE- trial judge refuses adjournment, proceeds and finds a verdict for $189,000- Defendants appeal solely on ground that adjournment wrongly refused- Appellants seek to set aside judgment accordingly- Held interlocutory decision affected final result- appeal competent. Cases Cited: Gerlach v Clifton Bricks Pty Ltd [2002] HCA 22; 209 CLR 478 Category: Interlocutory applications Parties: Daniel Ellis (Applicant/Respondent) Richard Newton (First Appellant) Robyn Laidlaw Newton (Second Appellant) Representation: A Stafford (Applicant/Respondent) A C Kinghan (S) (First Appellant) B Levet (Second Appellant) Constantine G Pavlis and Co (Applicant/Respondent) Kinghan & Associates (First Appellant) Ronayne Lawyers (Second Appellant) File Number(s): CA 2008/279436