Hi v Hecker [2013] NSWSC 1024

Supreme Court New South Wales

Medium Neutral Citation: Hi v Hecker [2013] NSWSC 1024 Hearing dates: 26/7/13 Decision date: 26 July 2013 Jurisdiction: Common Law Before: Campbell J Decision: (1) I strikeout prayer five pursuant to the provisions of rule 14.28 in the Uniform Civil Procedure Rules 2005. (2) I strikeout grounds three to nine inclusive pursuant to rule 14.28. (3) I fix the matter for hearing on 21 August 2013 at 10am with an estimate of two hours. (4) I reserve to the judge hearing the appeal the question of whether the plaintiff should obtain an order extending time for bringing the appeal. (5) I direct the plaintiff to serve a copy of the transcript of evidence in the Local Court at her own expense upon the defendant within seven days of the date hereof. (6) I direct the plaintiff to file in Court and serve upon the defendant by Friday, 16 August 2013, a folder containing a copy of the transcript of evidence and a copy of all documentary exhibits tendered before the learned magistrate. (7) I dispense with any requirement for the filing of written submissions. (8) The costs of today, so far as they may be recoverable by self represented persons, are costs in the appeal. (9) I return exhibit A to the plaintiff. Catchwords: PRACTICE & PROCEDURE - application for summary dismissal under UCPR r14.28 LOCAL COURT APPEAL - application for order extending time to bring appeal Legislation Cited: Dividing Fences Act 1991 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Hope v Bathurst City Council (1980) 144 CLR 1 Category: Interlocutory applications Parties: Ji He (Plaintiff) Allyson Hecker (Defendant) Representation: Counsel: In person (plaintiff) In person (defendant) File Number(s): 2013/178500