Makucha v Sydney Water Corporation (No 3) [2012] NSWCA 25

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Makucha v Sydney Water Corporation (No 3) [2012] NSWCA 25 Hearing dates: 27 February 2012 Decision date: 27 February 2012 Before: Basten JA at 1 Decision: 1. Stand over (1) the notice of motion of 20 February 2012 filed by Sydney Water seeking to strike out the summons and (2) the notice of motion of 24 February 2012 filed by Mr Makucha seeking an extension of time and other orders, to a date to be determined, after the filing of the foreshadowed notice of appeal. 2. Reserve the costs of today as costs in the summons, that being the only proceeding before the Court. 3. Discharge the order of the Registrar requiring the filing of white folders in relation to the application for leave to appeal. 4. Grant liberty to apply in respect of order 1. [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 - civil - application to strike out summons seeking leave to appeal against interlocutory order - whether summons to be rendered otiose by appeal against final judgment - whether application to strike out should be stood over Category: Procedural and other rulings Parties: Paul Makucha - Applicant Sydney Water Corporation - Respondent Representation: Counsel: