Land Enviro Corp Pty Ltd v HTT Huntley Heritage Pty Ltd [2013] NSWCA 35

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Land Enviro Corp Pty Ltd v HTT Huntley Heritage Pty Ltd [2013] NSWCA 35 Hearing dates: 18 - 19 February 2013 Decision date: 21 February 2013 Before: Allsop P Decision: 1. Dismiss the application for an extension of time in which to file and serve a notice of appeal, brought by notice of motion filed 8 November 2012. 2. Order the applicants Sam Zdrilic, Land Enviro Corp Pty Ltd, Amy Zdrilic and Amy Holdings Pty Ltd to pay the respondents' costs of the application. 3. Dismiss the notice of appeal also filed on 8 November 2012 as incompetent. [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: PRACTICE AND PROCEDURE - application for extension of time to file notice of appeal - importance of finality of litigation - relative advantages and disadvantages of appellate and trial courts Legislation Cited: Trade Practices Act 1974 (Cth) Cases Cited: Fox v Percy [2003] HCA 22; 214 CLR 118 State Rail Authority (NSW) v Earthline Constructions Pty Ltd (In Liq) [1999] HCA 3; 73 ALJR 306 Watson v Foxman (1995) 49 NSWLR 315 Yarrabee Coal Company Pty Ltd v Lujans [2009] NSWCA 85; 53 MVR 187 Category: Principal judgment Parties: Land Enviro Corp Pty Ltd (First Applicant) Sam Zdrilic (Second Applicant) Amy Zdrilic (Third Applicant) Amy Holdings Pty Ltd (Fourth Applicant)