NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sassoon v Rose [2013] NSWCA 220 Hearing dates: 11 July 2013 Decision date: 19 July 2013 Before: Meagher JA at [1]; Gleeson JA at [29] Decision: (1) Application for leave to appeal dismissed. (2) Applicant pay respondent's costs of the application. [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 for leave to appeal from two decisions - each decision involved exercise of discretion or discretionary judgment - neither arguably attended by error of kind described in House v The King (1936) 55 CLR 499 - leave to appeal refused Legislation Cited: Family Provision Act 1982, s 16 Succession Act 2006, ss 58, 59 Uniform Civil Procedure Rules 2005, rr 7.36, 42.1 Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Churton v Christian (1988) 13 NSWLR 241 Diver v Neal [2009] NSWCA 54 Foley v Ellis [2008] NSWCA 288 House v The King (1936) 55 CLR 499 Mulcahy v Weldon [2002] NSWCA 206 Re Fulop Deceased (1987) 8 NSWLR 679 Sassoon v Rose (Supreme Court of New South Wales, White J, 15 November 2012, unreported) Sassoon v Rose [2011] NSWSC 378 Sassoon v Rose [2012] NSWSC 1554 Singer v Berghouse [1994] HCA 40; 181 CLR 201 Category: Principal judgment Parties: Aliza Alice Sassoon (Applicant) Adrian Rose (Executor of the estate of I J Beder) (Respondent) Representation: Counsel: A A Sassoon (in person) (Applicant) T Bors (Respondent) Solicitors: Denes Ebner Lawyers (Respondent) File Number(s): 2013/7578 Decision under appeal Jurisdiction: 9111 Citation: Sassoon v Rose (Supreme Court of New South Wales, White J, 15 November 2012, unreported) Aliza Alice Sassoon v Adrian Rose [2012] NSWSC 1554 Before: White J Macready AsJ File Number(s): 2011/82496
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