Ying v Song & Anor [2012] NSWCA 52

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ying v Song & Anor [2012] NSWCA 52 Hearing dates: 14 March 2012 Decision date: 14 March 2012 Before: Whealy JA Decision: 1.Order that the hearing date for this appeal be vacated: 16.03.12. 2.Order that the matter be placed in the Court of Appeal Registrar's list for case management. 3.Order that the costs thrown away by the adjournment of the appeal be paid by the appellant. 4.Grant liberty to the respondent to argue at some future date whether such costs should be paid on the indemnity basis. [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: INTERLOCUTORY JUDGMENT - application for adjournment - counsel for the appellant accepted matter pro bono at short notice - insufficient time afforded to the appellant to prepare for appeal - whether interests of justice require adjournment - prejudice to respondent by adjournment. Category: Interlocutory applications Parties: Ming Ying (Appellant) Lida Song (First Respondent) Budget Scaffold Supplies Pty Ltd (Second Respondent) Representation: Counsel: M.L. Williams SC (Appellant) M.R. Lawson (Respondents) Solicitors: William Chan & Co (Appellant) Colin Biggers & Paisley (Respondents) File Number(s): 2006/257653 Decision under appeal Citation: [2010] NSWSC 1500 Date of Decision: 2010-12-22 00:00:00 Before: Ward J File Number(s): 2006/257653