Kelly v Mosman Municipal Council [2012] NSWCA 291

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kelly v Mosman Municipal Council [2012] NSWCA 291 Hearing dates: 31 August 2012 Decision date: 31 August 2012 Before: Campbell JA Decision: (1) The appellant pay the respondents costs of the appeal, save insofar as the appellant has not already been ordered to pay those costs. (2) Note that this appeal has ended pursuant to the self executing order made by Young JA on 5 March 2012. (3) Note that the stay that I ordered by order 3 made on 13 December 2012, has terminated. (4) Direct that no further documents be accepted for filing in the present proceedings without the prior leave of a Judge. (5) I note that the dismissal of the proceedings pursuant to Young JA's order is, "the determination of the appeal", within the meaning of order 9 made on 13 December 2010, and that the stay thereby ordered has come to an end. [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: JUDGMENTS AND ORDERS - self executing orders - where court had made orders dismissing appeal unless procedural steps taken within particular time - where required steps not taken within specified time - appeal therefore determined by self executing orders and no longer pending - no power available to Court of Appeal to make orders in litigation that has been brought to a regular end