Boulos v Dr Martin [2012] NSWCA 74

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Boulos v Dr Martin [2012] NSWCA 74 Hearing dates: 26 March 2012 Decision date: 26 March 2012 Before: Whealy JA Tobias AJA Decision: 1.Leave to appeal is refused with costs. 2.The Notice of Motion filed by the applicant 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: LEAVE TO APPEAL - proceedings dismissed in Court below - res judicata - no arguable case - leave refused. Legislation Cited: - Local Courts Act 1982 (NSW) (now repealed) - ss 65-70 - Limitation Act 1969 (NSW) - s 50C(1)(a) Category: Interlocutory applications Parties: Barry Boulos (Applicant) Dr Peter Martin (Respondent) Representation: Counsel: In person (Appellant) G.M. Gregg (Respondent) Solicitors: In person (Appellant) DibbsBarker (Respondent) File Number(s): 2011/397526 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-06-24 00:00:00 Before: Colefax SC DCJ File Number(s): 2010/422495