Neale v Ancher Mortlock and Woolley Pty Ltd; Ancher Mortlock and Woolley Pty Ltd v Neale [2013] NSWCA 209

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Neale v Ancher Mortlock and Woolley Pty Ltd; Ancher Mortlock and Woolley Pty Ltd v Neale [2013] NSWCA 209 Hearing dates: 1 July 2013 Decision date: 09 July 2013 Before: McColl JA Decision: 1. Subject to 2 below, grant the appellant leave to amend the notice of appeal in the form of the document at page 50 of the Red Book. 2. Grant the appellant leave to amend the orders sought in the notice of appeal, such amendment to be made within fourteen days. 3. Dismiss the respondent's notice of motion. 4. Each party to bear his and its own costs of the motions. 5. Direct that the application for leave to appeal and the appeal proceed as a concurrent hearing. 6. Stand the matter into the Registrar's list on Wednesday, 24 July 2013 for directions for the further progress of the concurrent hearing. [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 - application to amend notice of appeal - whether appeal arguable

COSTS - security for costs - UCPR 51.50(1) - special circumstances requirement - admitted impecuniosity - whether order should be made where appeal arguable Legislation Cited: Civil Procedure Act 2005 Supreme Court Act 1970 Uniform Civil Procedure Rules Cases Cited: McDonald v Dennys Lascelles Ltd [1933] HCA 25; (1933) 48 CLR 457 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Schwartz v Hadid [2013] NSWCA 89 Westralian Farmers Ltd v Commonwealth Agricultural Service Engineers Ltd (in liq) [1936] HCA 6; (1936) 54 CLR 361 Texts Cited: J W Carter, Breach of Contract, 2nd ed (1991) The Law Book Company Limited J W Carter and J C Phillips "The Liability of Debtors and Guarantors Under Contracts Discharged for Breach" (1992) 22 University of Western Australia Law Review 338 Category: Interlocutory applications Parties: James Woodward Neale - Appellant Archer Mortlock and Woolley Pty Ltd - Respondent Representation: Counsel: Appellant in person R Carey - Respondent Solicitors: Appellant in person Lander and Rogers - Respondent File Number(s): CA 2013/16530 Publication restriction: No Decision under appeal Citation: Ancher Mortlock and Woolley Pty Ltd v James Woodward Neale (District Court of New South Wales, Curtis DCJ, 6 December 2012, unreported) Ancher Mortlock and Woolley Pty Ltd v James Woodward Neale (District Court of New South Wales, Curtis DCJ, 29 January 2013, unreported) Before: Curtis DCJ File Number(s): DC 2011/157885