Crossman v Macquarie Leasing Pty Ltd [2013] NSWCA 62

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Crossman v Macquarie Leasing Pty Ltd [2013] NSWCA 62 Hearing dates: 22 March 2013 Decision date: 22 March 2013 Before: McColl JA Decision: 1. Dismiss the notice of motion. 2. Appellant to pay the respondent's costs of the notice of motion. 3. Direct the appellant by 5pm today to forward to the respondent appropriately numbered for sequential inclusion in the Black Book the transcript of the hearing before the primary judge of 31 October 2011. 4. Direct the appellant by 5pm today to forward to the respondent's solicitors, if appropriate, an amended index to the Blue Book identifying those documents which ought properly be before the Court on the appeal having regard to the identity of the parties and the issues raised by the notice of appeal. 5. Note that the respondent may, if it wishes, make any amendments to its submissions by way of cross reference to either the Blue, Black or Red Book by handwritten annotation and may hand those to the Court on the date fixed for hearing of the appeal. 6. Direct that, if necessary, the respondent may hand up any supplementary chronology to the Court when the matter is called on for hearing on 26 March 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: PROCEDURE - civil - notice of motion seeking dismissal of appeal pursuant to s 61 of the Civil Procedure Act 2005 - where appellant failed to comply with Court's directions and Part 51 of the Uniform Civil Procedure Rules - whether dictates of justice under ss 56 - 58 of Civil Procedure Act 2005 warrant dismissal of appeal Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules Cases Cited: Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 Category: Procedural and other rulings Parties: Barry Ian Crossman - Appellant Macquarie Leasing Pty Ltd - Respondent Representation: Counsel: J Loofs - Appellant E Glover - Respondent Solicitors: Mahony Law - Appellant Douros Jackson - Respondent File Number(s): 2012/72186 Publication restriction: No Decision under appeal Date of Decision: 2011-12-06 00:00:00 Before: Sorby DCJ File Number(s): DC 2010/115816