Valder v Wolak & Anor [2012] NSWCA 189

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Valder v Wolak & Anor [2012] NSWCA 189 Hearing dates: 8 June 2012 Decision date: 08 June 2012 Before: Beazley JA; Tobias AJA Decision: Notice of motion 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: APPEAL - Summons seeking leave to appeal - Trial judge's order of an interlocutory nature - No error in trial judge's determination or order - Notice of motion dismissed.

PROCEDURE - Notice of motion seeking to set aside order dismissing proceedings on basis of no appearance - Whether Court ought to set aside order - Uniform Civil Procedure Rules 2005, rr 36.15, 36.16 Legislation Cited: Uniform Civil Procedure Rules 2005 Category: Principal judgment Parties: Valdemar Ian Valder (Applicant) Jozefa Wolak (First Respondent) New South Wales Land and Housing Corporation (Second Respondent) Representation: Counsel: In person (Applicant) In person (Barbara Wolak) (First Respondent) S Gardiner (Second Respondent) Solicitors: N/A (Applicant) N/A (First Respondent) Legal Services Branch, New South Wales Land and Housing Corporation (Second Respondent) File Number(s): 2012/5574 Publication restriction: No Decision under appeal Citation: Valder v Wolak & Anor [2012] NSWCA 173 Date of Decision: 2012-05-25 00:00:00 Before: Beazley JA; Tobias AJA File Number(s): 2012/5574