Sanders-Pattinson v Brown [2013] NSWCA 137

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sanders-Pattinson v Brown [2013] NSWCA 137 Hearing dates: 20 May 2013 Decision date: 20 May 2013 Before: Basten JA Decision: (1) Dismiss the summons filed on 10 October 2012 seeking leave to appeal against the judgment and orders in the Common Law Division given and made on 31 May 2012. (2) Order the applicant for leave to appeal to pay the respondent's costs of this motion. [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 - civil application to dismiss - summons seeking leave to appeal filed out of time - applicant seriously unwell - whether reasonably arguable grounds of appeal - where proceedings below summarily dismissed - whether failure to set aside would unduly burden respondents - no indication applicant's health likely to improve sufficiently to continue proceedings - summary dismissal not fatal to applicant's interests Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 12.11, 13.4, 14.28 Category: Procedural and other rulings Parties: Andrew Stuart Brown (Applicant) Paul Sanders-Pattinson (Respondent) Representation: Counsel:

I Griscti (Respondent) Solicitors:

Self represented (Applicant) Mullane & Lindsay (Respondent) File Number(s): 2012/212673 Decision under appeal Jurisdiction: 9111 Citation: Sanders-Pattinson v Brown [2012] NSWSC 443 Date of Decision: 2012-05-31 00:00:00 Before: S G Campbell J File Number(s): 2010/425204