Dean Michael Russo and Anna Maria De Palma v Acebond Pty Limited [2012] NSWSC 300

Supreme Court New South Wales

Medium Neutral Citation: Dean Michael Russo and Anna Maria De Palma v Acebond Pty Limited [2012] NSWSC 300 Hearing dates: 28 March 2012 Decision date: 05 April 2012 Jurisdiction: Common Law Before: Bellew J Decision: (1) Time for filing the Summons extended to 22 November 2011. (2) Leave to appeal refused. (3) Summons dismissed. (4) Plaintiffs to pay the defendants costs. Catchwords: Appeal from Local Court - extension of time in which to bring application for leave to appeal - material date - application of slip rule - relevant considerations in extending time - leave to appeal against decision of Magistrate - question of mixed fact and law - findings of fact by Magistrate - submissions in support of application for leave to appeal not put to Magistrate - party bound by the conduct of the case at first instance Legislation Cited: Civil Procedure Act 2005 Local Courts Act 2007 Uncollected Goods Act 1995 Uniform Civil Procedure Rules 2005 Cases Cited: Chilcotin Pty Limited v Cenelage Pty Ltd [1999] NSWCA 11 Currabubula v State of New South Wales [2000] NSWSC 232 Elyard Corporation Pty Ltd v DDB Needham Sydney Pty Ltd (1995) 133 ALR 206 Metwally v University of Wollongong (1985) 60 ALR 68 Registrar of Titles v Spencer (1909) 9 CLR 64 Ziino & Anor v Wong (unreported, NSWSC 28 October 1980) Category: Procedural and other rulings Parties: Dean Michael Russo and Anna Maria De Palma (Plaintiffs) Acebond Pty Limited (Defendant) Representation: In Person (Plaintiffs) Mr A. Davis (Defendant) Dean Lawyers (Plaintiffs) Mercantile Legal (Defendant) File Number(s): 11/371988 Publication restriction: /