Hetherington-Gregory v Julie Foster trading as All Vehicle Services [2013] NSWCA 20

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hetherington-Gregory v Julie Foster trading as All Vehicle Services [2013] NSWCA 20 Hearing dates: 7 February 2013 Decision date: 07 February 2013 Before: Macfarlan JA at [1]; [19] Barrett JA at [7] Decision: (1) Dismiss with costs the applications for extension of time and for leave to appeal, and the applicant's notices of motion filed on 13 August and 4 September 2012. (2) Dismiss the first respondent's motion filed on 15 August 2012 on the basis that the application against the first respondent is dismissed and the orders sought in the motion are therefore unnecessary. (3) Order Ms Hetherington-Gregory to pay the first respondent's costs of its motion filed on 15 August 2012. [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 dismissed - no issue of principle Legislation Cited: Supreme Court Act 1973 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Procedural and other rulings Parties: P A Hetherington-Gregory (Applicant) All Vehicle Services (First Respondent) Roads and Maritime Services (Second Respondent) Motor Traders Association (Third Respondent) Representation: Counsel: Self-represented Applicant S Cirilllo (First Respondent) G Sarginson (Second Respondent) D M Loewenstein (Third Respondent) Solicitors: Self-represented Applicant Paton Hooke Lawyers (First Respondent) Crown Solicitor's Office (Second Respondent) Consolidated Lawyers Pty Ltd (Third Respondent) File Number(s): CA 2012/222495 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-06-12 00:00:00 Before: Toner DCJ File Number(s): DC 2012/130012