Harding v Anton's Wire Products Pty Ltd [2013] NSWCA 258

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Harding v Anton's Wire Products Pty Ltd [2013] NSWCA 258 Hearing dates: 5 August 2013 Decision date: 08 August 2013 Before: Meagher JA Decision: (1) Application to extend the time for filing of notice of appeal and amended notice of appeal dismissed. (2) Applicant pay respondents' 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: PROCEDURE - appeal - application to extend time for filing notice of appeal - whether applicant's case fairly arguable -application dismissed Legislation Cited: Supreme Court Act 1970, s 75A Uniform Civil Procedure Rules 2005, r 51.16 Cases Cited: Akins v National Australia Bank (1994) 34 NSWLR 155 Hampson v Hampson [2010] NSWCA 359 Phoenix Commercial Enterprises Pty Ltd v City of Canada Bay Council [2010] NSWCA 64 Tjiong v Tjiong [2012] NSWCA 201 Tomko v Palasty (No 2) [2007] NSWCA 369 Category: Principal judgment Parties: Reginald Bruce Harding (Applicant) Anton's Wire Products Pty Ltd (First Respondent) Antonio Carnevale (Second Respondent) Representation: Counsel: Reginald Bruce Harding (in person) (Applicant) D Hanna (Respondents) Solicitors: McDonnell Schroder (Respondents) File Number(s): 2013/69484 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-07-20 00:00:00 Before: Mahony DCJ File Number(s): 10/391052