Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103 Hearing dates: 6 December 2012 Decision date: 06 May 2013 Before: Macfarlan JA at [1] Meagher JA at [37] Ward JA at [59] Decision: 1. Extend the time for filing of the Summons seeking leave to appeal from the decision of Sheahan J to the date of filing the Summons and dismiss the application for leave to extend the time for the filing of the Summons seeking leave to appeal from the decision of Biscoe J. 2. Grant leave to appeal from the decision of Sheahan J and dismiss the appeal. 3. Order the appellant to pay the respondent's costs of the Summons seeking leave to appeal and the appeal. [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 - extension of time sought for leave to appeal against two interlocutory decisions of the Land and Environment Court New South Wales - where first decision ordered a separate determination of a preliminary question - where appellant delayed seeking leave to appeal pending outcome of the separate determination - whether extension of time would be consistent with the statutory objective of s 56 Civil Procedure Act 2005 (NSW)