Australian Winch & Haulage Pty Ltd v Collins & Anor [2013] NSWCA 50

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Australian Winch & Haulage Pty Ltd v Collins & Anor [2013] NSWCA 50 Hearing dates: 4 March 2013 Decision date: 11 March 2013 Before: Meagher JA Decision: (1) The second respondent's notice of motion filed on 20 February 2013 for an order pursuant to UCPR Rule 51.17(2)(b)(ii) be heard concurrently with this appeal. (2) The parties to prepare a consent order containing directions for the filing and serving of written submissions in relation to the motion and the issues in the proposed cross-appeal and to lodge that order with the Registrar within seven days of the date of these orders. In the event that the parties cannot agree on those directions they should re-list the matter for directions before the Registrar within fourteen days of the date of these orders. [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 - whether application to extend time to file cross-appeal should be heard concurrently with existing appeal - need to consider efficient use of judicial resources - concurrent hearing ordered Legislation Cited: Civil Procedure Act 2005 Workers Compensation Regulation 2010 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Chubs Constructions Pty Ltd v Chamma [2009] NSWCA 98 Pacific Steel Constructions Pty Ltd v Barahona (No2) [2010] NSWCA 9 Smith v Sydney West Area Health Service (No 2) [2009] NSWCA 62 Category: Procedural and other rulings Parties: Australian Winch & Haulage Pty Ltd (Appellant) Philip Archibald Collins (First Respondent) (Sydney Ports Corporation (Second Respondent) Representation: Counsel: Ms A Roshan (Appellant) S W Hickey (First Respondent) Ms K Smith (Second Respondent) Solicitors: HWL Ebsworth Lawyers (Appellant) Higgins Lawyers (First Respondent) Hicksons (Second Respondent) File Number(s): 2012/358038 Decision under appeal Citation: Collins v Sydney Ports Corporation [2012] NSWSC 1316 Date of Decision: 2012-10-31 00:00:00 Before: Harrison J File Number(s): 2009/296483