Shannessy v Beattie & Ors [2012] NSWCA 88

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Shannessy v Beattie & Ors [2012] NSWCA 88 Hearing dates: 2 April 2012 Decision date: 17 April 2012 Before: Basten JA at 1; Sackville AJA at 1 Decision: (1) Dismiss the application for leave to appeal. (2) Applicant to pay the costs of the first respondent in this Court. [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 - where matter in issue amounting to $100,000 or less - amount in issue, excluding costs, approximately $17,000 - arguable case for appeal against primary judge's conclusions of law - leave to appeal not ordinarily granted merely for arguable case - no question of principle Legislation Cited: Civil Procedure Act 2005 Cases Cited: Beattie v Daly [2011] NSWSC 1023 Bushby v Dixon Holmes du Pont Pty Ltd [2012] NSWCA 90 Category: Principal judgment Parties: Michael Dennis Shannessy (Applicant) Janelle Dianne Beattie (First Respondent) Peter David Shannessy (Second Respondent) Garry John Daly (Third Respondent) Representation: N M H Kirby - Applicant L J Ellison SC - Respondents Clamenz Corporate Lawyers - Applicant M Trevillion - Respondents File Number(s): 2008/310031 Decision under appeal Citation: Beattie v Daly [2011] NSWSC 1023 Date of Decision: 2011-09-01 00:00:00 Before: Gzell J File Number(s): 2008/310031