Petronaitis v Rowles [2012] NSWCA 236

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Petronaitis v Rowles [2012] NSWCA 236 Hearing dates: 9 July 2012 Decision date: 09 July 2012 Before: Beazley JA Decision: 1. Pursuant to the Civil Procedure Act 2005, s 14 and UCPR, r 18.2, dispense with compliance with r 18.1 to the extent that that rule required service of a sealed copy of the notice of motion filed 29 June 2012 upon Ms Dalia Petronaitis; 2. In the event the notice of motion filed 29 June 2012 should have been served on the fourth respondent, the Guardianship Tribunal, pursuant to Civil Procedure Act, s 14 dispense with compliance with the time specified in rr 18.4 and 18.5 in respect of service of the notice of motion filed 29 June 2012 on the fourth respondent; 3. Summons seeking leave to appeal be struck out; 4. The applicant, Dalia Petronaitis, to pay the costs of the notice of motion filed 29 June 2012 of the second and third respondents (Michael Petronaitis and John Petronaitis); 5. The applicant, Dalia Petronaitis, to pay the costs of the notice of motion filed 29 June 2012 of the fifth respondent, the tutor for Mrs Petronaitis. [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: CIVIL PROCEDURE - Application to strike out summons seeking leave to appeal - Sealed copy of notice of motion moving for strike out not served on applicant - Court has power to dispense with service requirements - Civil Procedure Act 2005, s 14; Uniform Civil Procedure Rules 2005, rr 18.1, 18.2.