Habib v Radio 2UE Sydney Pty Ltd [2013] NSWCA 347

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Habib v Radio 2UE Sydney Pty Ltd [2013] NSWCA 347 Hearing dates: On the papers Decision date: 22 October 2013 Before: Leeming JA Decision: 1. The notice of motion filed 3 July 2013 stand as a summons in the Equity Division, and be remitted to that Division, there to be continued and disposed of, pursuant to s 51 of the Supreme Court Act. 2. List the proceedings for directions before a Registrar in the Equity Division at a time to be notified. [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 - application by former solicitor for payment of costs out of fruits of proceeding - application made by motion in the appeal - application treated as summons in Equity Division and remitted for determination

COURTS AND JUDGES - nature of Supreme Court, Court of Appeal and Divisions of Court - assignment of proceedings within Supreme Court Legislation Cited: Civil Procedure Act 2005 District Court Act 1973 Supreme Court Act 1970 Cases Cited: Ex parte Patience; Makinson v The Minister (1940) 40 SR NSW 96 Grogan v Orr [2001] NSWCA 114 Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231 Smith v Yusen Daly Smith International Pty Ltd (In Liq) [2001] NSWCA 458; 53 NSWLR 385 Williams v Spautz (1992) 174 CLR 509 Worrell v Power & Power [1993] FCA 827; 46 FCR 214 Category: Interlocutory applications Parties: Mamdouh Habib (Appellant) Radio 2UE Sydney Pty Ltd (First respondent) Macquarie Radio Network Ltd (Second respondent) Peter Erman (Applicant on motion) Representation: Counsel: R Rasmussen (Applicant on motion) Solicitors: Auscorp Solicitors and Conveyancers (Appellant) Banki Haddock Fiora (First and second respondents) Beazley Singleton Lawyers (Applicant on motion) File Number(s): 2008/290029 (previously CA 40113 of 2008) Decision under appeal Jurisdiction: 9101 Date of Decision: 2008-04-16 00:00:00 Before: Gibson DCJ File Number(s): DC 2720 of 2006