Australian Securities and Investments Commission v Hobbs [2013] NSWCA 267

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Australian Securities and Investments Commission v Hobbs [2013] NSWCA 267 Hearing dates: 5 August 2013 Decision date: 05 August 2013 Before: Barrett JA Decision: 1. Each notice of motion is stood over to the Registrar's list on Monday 2 September 2013. 2. I direct that any further evidence to be relied on by Mr Hobbs be filed and served by 28 August. Any evidence in response on the part of ASIC may be filed and served before the Registrar on 2 September 2013. 3. Any evidence in response on the part of ASIC may be filed and served before the Registrar on 2 September 2013. 4. The costs of today are reserved. 5. Direct that the appeal be removed from the call over on 14 August 2013 and the question of its further call over be placed before the Registrar on 2 September 2013. [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 - appeal initiated out of time - relatively short delay only - but questions abut capacity of appellant to proceed and whether he will have legal representation - need for appellant to address these issues - motions for dismissal of appeal and for extension of time adjourned Legislation Cited: Uniform Civil Procedure Rules 2005, r 51.41 Category: Interlocutory applications Parties: Australian Securities and Investments Commission - Applicant/Respondent David John Hobbs - Respondent/Applicant Representation: Counsel: J R Clarke - Applicant/Respondent D Collard - Lay Representative for Respondent/Applicant Solicitors: G Hayden - Solicitor for Australian Securities and Investments Commission - Applicant/Respondent Respondent - self-represented Respondent/Applicant File Number(s): 2013/85772 Decision under appeal Citation: [2013] NSWSC 106 Date of Decision: 2013-02-21 00:00:00 Before: Ward J File Number(s): 2007/258119