Young v Cooke [2013] NSWCA 79

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Young v Cooke [2013] NSWCA 79 Hearing dates: 28 March 2013 Decision date: 28 March 2013 Before: Meagher JA at [1] Emmett JA at [4] Decision: 1. Leave to appeal refused. 2. The applicant is to pay the respondents' costs of the motions [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 - summons for leave to appeal - striking out cause of action for false imprisonment - refusal of leave to replead - whether pleadable cause of action - applicant unable to walk to town from property due to previous injury - failure to mention previous injury to court

APPEAL - summons for leave to appeal - costs - order that costs be paid forthwith - presumption that interlocutory costs be paid at end of proceeding - discretion where costs relate to a discrete matter Cases Cited: McFadzean v Construction, Forestry, Mining & Energy Union [2007] VSCA 289 Category: Interlocutory applications Parties: Gary Young (Applicant) Bill Cooke (First Respondent) Helena Cooke (Second Respondent) Jean Sprague (Third Respondent) Anthony Croker (Fourth Respondent) RSPCA NSW (Fifth Respondent) State of NSW (Sixth Respondent) Representation: Counsel: In person (Applicant) D Stewart (First & Second Respondents) P M Morris SC (Third, Fourth & Fifth Respondents) G J Bateman (Sixth Respondent) Solicitors: In person (Applicant) Chapman Thackeray Law Pty Ltd (First & Second Respondents) Moray & Agnew (Third, Fourth & Fifth Respondents) Crown Solicitor's Office (Sixth Respondent) File Number(s): 2012/88630 Decision under appeal Date of Decision: 2011-11-24 00:00:00 Before: Johnstone DCJ File Number(s): 2011/254369