Marshall v Fleming [2013] NSWCA 195

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Marshall v Fleming [2013] NSWCA 195 Hearing dates: 17 June 2013 Decision date: 17 June 2013 Before: Basten JA Decision: (1) Stay orders 1, 2 and 3 made by Harrison J on 17 May 2013 pending the determination of the proceedings in this Court. (2) Direct that the application for leave to appeal and the appeal be subject to a concurrent hearing. (3) Order that the proceedings be expedited on the basis that the hearing of the matters will be completed within half a day but subject to obtaining a date which is available to counsel presently briefed in the matter. (4) Refer the matter to the Registrar for fixing a date for directions in respect of the white folder including any supplementary material such as that foreshadowed by the respondent, namely the transcript and submissions before Harrison J. (5) Order that the costs of the motion 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: PROCEDURE - civil - judgments and orders - stay pending hearing of application for leave to appeal and appeal - where interlocutory judgment made orders referring questions of foreign law to referee panel - accepted that order for referral should be stayed - whether ancillary order should also be stayed - where ancillary order for parties to agree on questions of foreign law to be referred within certain timeframe - where time for compliance with order expired Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 6.43, 6.44, 20.14 Category: Procedural and other rulings Parties: Margaret Lesley Marshall (First Applicant) Kim Neil Marshall (Second Applicant) Francis G Fleming (First Respondent) Representation: C J Bevan/E W Young (Applicants) D F Villa (Respondents) Turner Freeman Lawyers (Applicants) Kennedys (Respondents) File Number(s): CA 2013/166332 Decision under appeal Jurisdiction: 9111 Citation: Marshall v Fleming [2013] NSWSC 566 Date of Decision: 2013-05-17 00:00:00 Before: Harrison J File Number(s): SC 2009/292935