Makucha v Sydney Water Corporation [2013] NSWCA 177

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Makucha v Sydney Water Corporation [2013] NSWCA 177 Hearing dates: 13 June 2013 Decision date: 14 June 2013 Before: Barrett JA Decision: 1. Order pursuant to rule 13.4 of the Uniform Civil Procedure Rules 2005 that the summons seeking leave to appeal filed by Paul Makucha on 21 August 2011, the notice of motion filed by Paul Makucha on 21 August 2011 and the appeal intended to be initiated by points of appeal filed by Paul Makucha on 4 March 2013 be dismissed 2. Order that the notice of motion filed by Paul Makucha on 31 January 2013 be dismissed 3. Order that Paul Makucha pay the costs of Sydney Water Corporation's proceedings in the Court of Appeal, including the costs of the notices of motion dated 20 February 2012 and 7 March 2013. [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: COURTS AND JUDGES - validity of judicial acts - proceedings at first instance challenged because judge did not swear necessary oaths - no viable ground of appeal - summary dismissal ordered Legislation Cited: Oaths Act 1900, s 11(1) Supreme Court Act 1970, s 85(1) Uniform Civil Procedure Rules 2005, rule 13.4 Cases Cited: Andrews v Linton (1702) 2 Lord Raym 884; 92 ER 91 Hipsley v Tucke (1676) 3 Keble 606; 84 ER 905 Hippesley v Tucke (1676) Jones T 81; 84 ER 1157 Margate Pier Co v Hannam (1819) 3 B & Ald 266; 106 ER 661 R v Lisle (1738) And 163; 95 ER 345 R v Mayor Aldermen and Burgesses of the Borough of Cambridge (1840) 12 Ad & E 702; 113 ER 980 Texts Cited: Enid Campbell, "Oaths and Affirmations of Public Office" (1999) 25(1) Monash University Law Review 132 Owen Dixon, "De Facto Officers" (1938) 1 Res Judicatae 285 Category: Principal judgment Parties: Sydney Water Corporation - Applicant Paul Makucha - Respondent Representation: Mr A Bouris - Applicant Respondent in person King & Wood Mallesons - Applicant Respondent in person File Number(s): 2010/25631 Decision under appeal Citation: [2011] NSWSC 1411 Before: Sackar J File Number(s): 2010/25631