Kennedy v Noun [2013] NSWCA 129

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kennedy v Noun [2013] NSWCA 129 Hearing dates: 7 May 2013 Decision date: 07 May 2013 Before: Basten JA at [1]; Macfarlan JA at [5] Decision: 1. Leave to appeal granted. 2. Costs of the application for leave to appeal will be costs in 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: APPEAL - application for leave - interlocutory decision dismissing cross-claim - doubt as to correctness of approach - practical finality as to cause of action Category: Procedural and other rulings Parties: Alexander McIntyre Stewart Kennedy (Applicant) Tony Hassan Noun (Respondent) Representation: Counsel:

C R Newlinds SC/S Lawrance (Applicant) C Bevan (Respondent) Solicitors:

Banki Haddock Fiora (Applicant) Turner Freeman (Respondent) File Number(s): CA 2012/390646 Decision under appeal Jurisdiction: 9111 Citation: Noun v Pavey [2012] NSWSC 1644 Date of Decision: 2012-12-12 00:00:00 Before: Gzell J File Number(s): SC 2012/93374