Hetherington-Gregory v All Vehicle Services [2012] NSWCA 232

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hetherington-Gregory v All Vehicle Services [2012] NSWCA 232 Hearing dates: 23 July 2012 Decision date: 23 July 2012 Before: Basten JA Decision: 1. Direct that the application for leave only and any application for extension of time be heard together. 2. Dismiss the motion for: (a) a stay of judgment in the District Court summarily dismissing the proceedings in that Court; (b) an order setting aside any lien over the motor home the subject of the registration application. 3. Direct the applicant to file evidence of service of the summons in this Court on All Vehicle Services by the first directions hearing of 27 August 2012. 4. The applicant to file and serve written submissions on the application for leave and extension of time by 5pm, Monday 30 July 2012. 5. The respondents to file and serve written submissions in response by 5pm, Monday, 13 August 2012. 6. The costs of today are to be costs in the summons proceeding. [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: PROCEDURE - stay - plaintiff's claim dismissed summarily by District Court - whether open to Court of Appeal to stay order for summary dismissal