Hobbs v Australian Securities and Investments Commission [2013] NSWCA 205

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hobbs v Australian Securities and Investments Commission [2013] NSWCA 205 Hearing dates: 1 July 2013 Decision date: 01 July 2013 Before: McColl JA Decision: Direct that: 1. The appellant, Mr Hobbs, on or before Friday 12 July file and serve on the respondent a notice of motion seeking either an extension of time in which to serve on the Australian Securities and Investments Commission the notice of intention to appeal filed in this Court on 20 March 2013 and the notice of appeal filed on 29 May 2013 and also in that notice of motion to seek an extension of time within which to file the notice of appeal. 2. The notice of motion should be accompanied by an affidavit setting out the bases upon which the relief is sought. 3. The notice of motion should be made returnable before the Registrar of the Court of Appeal in his directions list on 17 July 2013. 4. Adjourn the Australian Securities and Investments Commission's motion of 18 June 2013 to 17 July 2013 with a view that the two motions should proceed together. 5. Give Mr Hobbs leave to file and serve the notice of motion and affidavit in support by facsimile. 6. Reserve costs of motion to date. [Note 1: 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. Note 2: Street addresses have not been reproduced in accordance with the Court's policy on identity theft protection.] Catchwords: PROCEDURE - whether proceedings should be dismissed as incompetent - deficiencies in service - late filing of notice of appeal - UCPR 51.9, 51.16, 51.41 - no question of principle Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules Category: Interlocutory applications Parties: David John Hobbs - Applicant Australian Securities and Investments Commission - Respondent Representation: Counsel: Applicant - no appearance Respondent - J R Clarke Solicitors: Applicant - no appearance Respondent - G Hayden - Solicitor for the Australian Securities and Investments Commission File Number(s): CA 2013/85772 Publication restriction: No Decision under appeal Citation: In the matter of Idylic Solutions Pty Ltd - Australian Securities and Investments Commission v Hobbs [2013] NSWSC 106 Date of Decision: 2013-02-21 00:00:00 Before: Ward JA File Number(s): SC 2007/258119