Hull v Smith [2012] NSWCA 183

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hull v Smith [2012] NSWCA 183 Hearing dates: 18/06/2012 Decision date: 18 June 2012 Before: Young AJA Decision: Motion for extension of time 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: PRACTICE AND PROCEDURE - Application to extend time for filing a Notice of Appeal - whether appeal has reasonable prospects of success - held no - no matter of principle Cases Cited: Jackamarra v Krakouer [1998] HCA 207; 195 CLR 516 Tomko v Palasty (No 2) [2007] NSWCA 369 Category: Procedural and other rulings Parties: Lance Hull (Applicant) David Wayne Smith (First Respondent) NSW Trustee & Guardian (Second Respondent) Representation: Counsel: J Anderson (Applicant) V A Hartstein (First Respondent) B Townsend (Second Respondent) Solicitors: Farrell Lusher (Applicant) Bartier Perry (First Respondent) NSW Trustee & Guardian (Second Respondent) File Number(s): 2012/98360 Decision under appeal Jurisdiction: 9111 Citation: NSW Trustee & Guardian v Hull & Anor [2011] NSWSC 1106 Date of Decision: 2011-10-12 00:00:00 Before: Hallen AsJ File Number(s): 2011/52466