Petronaitis v Rowles [2011] NSWCA 426

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Petronaitis v Rowles [2011] NSWCA 426 Hearing dates: 20 December 2011 Decision date: 20 December 2011 Before: Beazley JA Decision: 1. Dismiss order 1 of the notice of motion filed on 15 December 2011; 2. Refer the notice of motion insofar as it seeks orders 3 and 5 to the Equity Division to be listed on 3 February 2012 before the Registrar in conjunction with summons 2011/381012; 3. Refer the applicant to the Registrar for pro bono legal assistance to obtain advice in relation to the proceedings; 4. Order the applicant, Ms Dalia Petronaitis, to pay the costs on the notice of motion of the second, third and fifth respondents. In respect of the notice of motion filed in court today on behalf of the second and third respondents, I make the following orders: 1. That service of the notice of motion be dispensed with; 2. That the notice of motion be returnable instanter; 3. That the notice of motion be listed before the Registrar on 13 February 2012; 4. I make no orders as to costs in relation to today in respect of the notice of motion. [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.] Legislation Cited: Guardianship Act 1987 Uniform Civil Procedure Rules 2005 Category: Principal judgment Parties: Dalia Petronaitis (Applicant) Michael Rowles (First Respondent) Michael Petronaitis (Second Respondent) John Petronaitis (Third Respondent) Guardianship Tribunal (Fourth Respondent) Kay Petronaitis (Fifth Respondent) Representation: Counsel: In person (Applicant) No appearance of or for the First Respondent P Jeffriess (Second and Third Respondents) Submitting appearance (Fourth Respondent) D Roberts (Fifth Respondent) Solicitors: In person (Applicant) Everingham Solomons (Second and Third Respondents) Crown Solicitor (Fourth Respondent) Michael McHugh (Fifth Respondent) File Number(s): 2011/404847 Publication restriction: No Decision under appeal Citation: P v D1 & Ors Date of Decision: 2011-10-28 00:00:00 Before: Slattery J File Number(s): 2009/46