McDonald v Cottenham Nominees Pty Limited [2013] NSWCA 83

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: McDonald v Cottenham Nominees Pty Limited [2013] NSWCA 83 Hearing dates: 10 April 2013 Decision date: 10 April 2013 Before: Barrett JA Decision: 1.I order that if and to the extent that an appeal has been initiated by Mrs McDonald, that appeal is dismissed as incompetent. 2.I order that if and to the extent that an application for leave to appeal has been initiated by Mrs McDonald, that application is struck out under rules 13.4 and 14.28 of the Uniform Civil Procedure Rules. 3.I order that Mrs McDonald pay the costs of Cottenham Nominees Pty Ltd of the notice of motion challenging competency. 4.I order that Mrs McDonald pay the costs of Cottenham Nominees Pty Ltd and Dama Enterprises Pty Ltd of the appeal. 5.I make order 1 in the notice of motion filed on 12 November 2012 by Cottenham Nominees Pty Ltd. [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 - competency - when amount in issue not shown to be at least $100,000 Legislation Cited: Civil Liability (Non Economic) Loss Order 2010 District Court Act 1973, s 127(2)(c) Cases Cited: Petronaitis v Rowles (2012) NSWCA 236 Category: Interlocutory applications Parties: Susan McDonald - Appellant Cottenham Nominees Pty Limited - First Respondent Dama Enterprises Pty Limited - Second Defendant Representation: Appellant in person N J Maley - First Respondent C M Kakakios - Second Respondent Appellant in person Gilchrist Connell - First Respondent Gadens Lawyers - Second Respondent File Number(s): 2012/93029 Decision under appeal Date of Decision: 2012-03-06 00:00:00 Before: Murrell SC DCJ File Number(s): 2010/284885