Dubow v Fitness First Australia Pty Ltd [2012] NSWCA 323

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dubow v Fitness First Australia Pty Ltd [2012] NSWCA 323 Hearing dates: 31 August 2012 and then on the papers Decision date: 09 October 2012 Before: Allsop P Decision: Summons for leave to appeal 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: LEAVE TO APPEAL - no question of principle - application for leave - applicant bankrupt - trustee elected not to continue proceedings - no standing in applicant - no bankruptcy jurisdiction in Supreme Court Legislation Cited: Bankruptcy Act 1966 (Cth), ss 27, 58 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Dubow v Fitness First Australia Pty Ltd [2007] NSWSC 935 Dubow v Fitness First Australia Pty Ltd [2007] NSWSC 1390 Samootin v Shea [2010] NSWCA 371 Category: Procedural and other rulings Parties: Yolande Victoria Frances Dubow (Applicant) Fitness First Australia Pty Ltd (Respondent) Representation: In person (Applicant) T Orlizki, solicitor (Respondent) In person (Applicant) Kent Attorneys (Respondent) File Number(s): 2012/69571 Decision under appeal Citation: [2012] NSWSC 128 Date of Decision: 2012-02-27 00:00:00 Before: Garling J File Number(s): 2011/39253 2011/39995 2011/152563 2011/211563