Sneddon v State of New South Wales [2012] NSWCA 351

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sneddon v State of New South Wales [2012] NSWCA 351 Hearing dates: 18 July 2012 Decision date: 01 November 2012 Before: Basten JA at [2] Macfarlan JA at [118] Meagher JA at [179] Decision: (1) Dismiss the motion of the first respondent (the State of New South Wales) to review the decision of Barrett JA. (2) Order that the first respondent pay the appellant's costs of the motion to review the decision of Barrett JA. (3) Dismiss the appellant's application for leave to appeal. (4) Order that the first respondent pay the appellant's costs of the application for leave to appeal. (5) With respect to the proceedings against the first respondent: (a) Allow the appeal in part and set aside order 3 entered on 2 June 2011. (b) In place of the order referred to in (a), give judgment for the plaintiff against the second defendant (the State of New South Wales) in the sum of $438,613.75, to take effect from 2 June 2011. (c) Set aside order 2 entered on 3 August 2011. (d) In place of the order referred to in (c), order that the second defendant pay the plaintiff's costs of the trial. (e) Order that the first respondent pay 50 per cent of the appellant's costs of the appeal. (6) With respect to the proceedings against the second respondent (Milton Orkopoulos), dismiss the appeal. [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: APPEAL - leave to appeal - judgment against one joint tortfeasor for over $100,000 - appeal against dismissal of claim against other joint tortfeasor - first tortfeasor satisfied judgment - whether leave to appeal required - whether matter at issue of the value of $100,000 - whether value of matter determined at time that notice of appeal is filed - Supreme Court Act 1970 (NSW), s 101