Thomas v Stockman & Evans [2012] NSWCA 444

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Thomas v Stockman & Evans [2012] NSWCA 444 Hearing dates: 12 December 2012 Decision date: 12 December 2012 Before: Allsop P at [1]; [9] Macfarlan JA at [2] Decision: The Court makes the following orders: 1. The application for leave to appeal be dismissed with costs. 2. Any application for an extension of time for filing and serving a Notice of Appeal from the decision of the Supreme Court appointing the Trustees for sale be filed on or before Friday 14 December 2012. 3. Any supporting material, whether by way of submissions or affidavits by any party, be filed by the first day of term and that application is stood over for hearing to the first referral day in the new term, Monday 4 February 2013 [later amended in chambers to Tuesday 29 January 2013]. [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 - application for leave to appeal refused - no issue of principle Legislation Cited: Supreme Court Act 1970 Category: Principal judgment Parties: Annette Thomas (Applicant) Alan Stockman trading as Stockman & Evans (Respondent) Representation: Counsel: Applicant in person D J Williams/T Holmes (Respondent) Solicitors: Applicant in person Stockman & Evans (Respondent) File Number(s): CA 2012/324029 Decision under appeal Jurisdiction: 9111 Citation: Evans v Thomas Date of Decision: 2012-09-21 00:00:00 Before: Schmidt J File Number(s): SC 2011/357637