Clark v Tombs [2012] NSWCA 442

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clark v Tombs [2012] NSWCA 442 Hearing dates: 11 December 2012 Decision date: 11 December 2012 Before: Hoeben JA at [1] and [17] Ward JA at [2] Decision: Grant leave to extend time for filing of the summons for leave and dismiss the summons for leave to appeal 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: APPEAL - leave to extend time for filing summons for leave to appeal - leave to appeal not granted - no issue of principle Cases Cited: BHP Petroleum Pty Ltd v Oil Basins Ltd [1985] VR 756 Darrell Lea (Vic) Pty Ltd v Union Assurance Society of Australia Ltd [1969] VR 401 Dunn v Ross Lamb Motors [1978] 1 NSWLR 26 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Johnson Tiles Pty Ltd v Esso Australia Ltd (2000) 104 FCR 564 Minogue v Williams (2000) 60 ALD 366 Niemann v Electronic Industries Ltd [1978] VR 431 Re Financial Pty Ltd as trustee for Re Financial Operations Trust v Das [2012] NSWCA 164 Zelden Sewell Henamast Pty Ltd [2011] NSWCA 56 Category: Principal judgment Parties: Brian Clark (First Applicant) Rita Clark (Second Applicant) Stuart Tombs (Respondent) Jemma Louise Tombs (Respondent) Representation: Counsel: D M Loewenstein (Applicants) B Katekar (Respondents) Solicitors: Webb & Boland Lawyers (Applicants) Truman Hoyle Lawyers (Respondents) File Number(s): CA 12/254239 Decision under appeal Date of Decision: 2012-07-17 00:00:00 Before: Colefax SC DCJ File Number(s): 11/130902