Pannozzo v Fowler [2013] NSWCA 269

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Pannozzo v Fowler [2013] NSWCA 269 Hearing dates: 13 August 2013 Decision date: 23 August 2013 Before: Ward JA at [1] Leeming JA at [2] Hammerschlag J at [3] Decision: Appeal dismissed with costs [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 - whether failure to afford procedural fairness - where solicitor ceased to act - where trial proceeded in defendant's absence - whether notice given to defendant - whether adequate evidence tendered to prove no notice was given to defendant - whether miscarriage of discretion in proceeding in defendant's absence

PROCEDURE - whether appeal can succeed on grounds not pleaded at trial - where defendant not present at trial - where defendant filed no defence or inadequate pleadings or particulars at trial

APPEAL AND NEW TRIAL - whether failure to give adequate reasons Legislation Cited: Conveyancing Act 1919 Uniform Civil Procedure Rules 2005 Cases Cited: Cameron v Cole (1944) 68 CLR 571 Clark Equipment Credit of Australia Ltd v Kiyose Holdings Pty Ltd (1988) 21 NSWLR 160 Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Ho v Powell (2001) 51 NSWLR 572 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Category: Principal judgment Parties: Paul Pannozzo (Applicant) Fiona Mary Fowler (Respondent) Representation: Counsel: J Garnsey QC with J Sleight (Applicant) J H Stephenson (Respondent) Solicitors: Mercuri & Co (Applicant) Norwest Family Law (Respondent) File Number(s): CA 2012/316703, 2012/396943 Decision under appeal Jurisdiction: 9101 Citation: Fiona Mary Fowler v Paul Pannozzo Date of Decision: 2012-06-27 00:00:00 Before: Olsson DCJ File Number(s): DC 2011/116778