Curtis v Charles Darwin University [2013] NSWSC 1558

Supreme Court New South Wales

Medium Neutral Citation: Curtis v Charles Darwin University [2013] NSWSC 1558 Hearing dates: 18/10/13 Decision date: 18 October 2013 Jurisdiction: Common Law Before: Campbell J Decision: 1. Direct the plaintiff to file a Notice of Motion seeking an extension of time to bring his appeal under r. 50.3 of the UCPR together with an affidavit in support of the motion within 14 days of the date hereof; 2. I direct that the motion be endorsed that it is to be made returnable on a date fixed for hearing of the appeal by my direction; 3. Direct the defendant to file any evidence in response within a further period of 7 days from the date of the service of the plaintiff affidavit; 4. Grant liberty to the parties to approach the listing manager today to obtain a date for hearing of the appeal; 5. Direct the parties to submit to my chambers a proposed timetable for any outstanding preparations; 6. If I am satisfied with the provisions they suggest I will make the orders in chambers; 7. The defendant's costs of today to be it's costs in the appeal; 8. Note that the plaintiff's application for a stay of the costs order below is withdrawn. Catchwords: PRACTICE AND PROCEDURE - application for leave to file a motion extending time to file a notice of appeal from a decision of the Local Court of New South Wales Legislation Cited: Civil Procedure Act 2005 (NSW) Local Court Act 2007 (NSW) Category: Procedural and other rulings Parties: John P. Curtis (plaintiff) Charles Darwin University (defendant) Representation: Counsel: In person (plaintiff) CM Riorden, solicitor (defendant) Solicitors: In person (plaintiff) Deloitte Touche Tohmatsu (defendant) File Number(s): 2013/00286853