Lal v Patel; Patel v Lal [2012] NSWCA 110

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lal v Patel; Patel v Lal [2012] NSWCA 110 Hearing dates: 20 April 2012 Decision date: 20 April 2012 Before: Macfarlan JA at [1] Sackville AJA at [15] Decision: (1) The respondent is directed to file within a period of 4 weeks from today such submissions or evidence as she wishes to rely upon to establish that H Lal & Associates Pty Ltd and the Lal Family Trust were properly notified of the proceedings at first instance or, if they were not, that they do not now wish to be heard in the proceedings. (2) The appellants are directed to lodge any submissions or evidence in response within 7 days thereafter. (3) Any reply by the respondent is to be lodged within a further 7 days thereafter. (4) Direct that the applications for leave to appeal and to strike out the Notice of Appeal be finally determined by the Court on the papers without the need for a further oral hearing. [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 - application for leave to appeal - no question of principle Legislation Cited: Conveyancing Act 1919 (NSW) Supreme Court Act 1970 Category: Principal judgment Parties: Patricia Lal (First Applicant) Hasmukh Lal (Second Applicant) Jaswanti Patel (Respondent) Representation: Counsel: Applicants in person M Suliman (Solicitor) (Respondent) Solicitors: Applicants in person M Suliman (Respondent) File Number(s): CA 2012/49614; CA 2011/305566 Decision under appeal Citation: Patel v Lal [2011] NSWSC 603; Patel v Lal [2011] NSWSC 678 Before: Biscoe AJ File Number(s): SC 2009/290378