Sharpe v Heywood [2013] NSWCA 192

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sharpe v Heywood [2013] NSWCA 192 Hearing dates: 19 June 2013 Decision date: 19 June 2013 Before: Barrett JA at [1] and [36]; Gleeson JA at [2] Decision: (1) The summons for leave to appeal be dismissed. (2) The applicant pay the respondent's costs of the summons. [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 - leave to appeal - r 36.15(1) Uniform Civil Procedure Rules - Farm Debt Mediation Act 1994 - where complaint directed at enforcement of Consent Order Legislation Cited: Farm Debt Mediation Act 1994 Uniform Civil Procedure Rules Cases Cited: DJL v The Central Authority [2000] HCA 17; 201 CLR 226 at 245 Gamser v The Nominal Defendant [1977] HCA 7; 136 CLR 145 Hargraves Secured Investments Limited v Sharpe [2013] NSWSC 539 Permanent Trustee Co (Canberra) Ltd v Stocks & Holdings (Canberra) Pty Ltd (1976) 15 ACTR 45 Romeo v Papalia [2012] NSWCA 221 Waller v Hargraves Secured Investments Ltd [2012] HCA 4; 245 CLR 311 Category: Procedural and other rulings Parties: David George Sharpe (Applicant) Christopher John Heywood (Respondent) Representation: Counsel: Mr G Boskovitz (sol) (Applicant) Mr R Mulquiney (sol) (Respondent) Solicitors: Boskovitz & Associates (Applicant) Coastal Law & Conveyancing Pty Ltd (Respondent) File Number(s): CA 2013/84147 Decision under appeal Jurisdiction: 9101 Citation: Heywood v Sharpe Date of Decision: 2013-03-15 00:00:00 Before: Neilsen DCJ File Number(s): DC 2011/297491