Young v King [2013] NSWCA 364

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Young v King [2013] NSWCA 364 Hearing dates: On the papers Decision date: 31 October 2013 Before: Leeming JA Decision: In proceeding 2013/162966, by consent: (1) Appeal upheld. (2) Remit the proceeding to Sheahan J for determination. (3) Respondents to pay the appellant's costs of the appeal. (4) Respondents to have a certificate pursuant to s 6 of the Suitors' Fund Act 1951, if so qualified. In proceeding 2013/46329: Direct the parties to bring in within seven days agreed short minutes of order dealing with proceeding 2013/46329, or alternatively within that time to serve and supply to the Associate to Justice Leeming proposed orders accompanied by short submissions as to the future conduct of that proceeding, including whether any oral hearing is requested and, if so, the reasons why to do so would be consistent with s 56 of the Civil Procedure Act 2005. [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 - Consent orders allowing appeal - Court satisfied that respondents' concessions of appellable error properly made Legislation Cited: Civil Procedure Act 2005, s 56 Supreme Court Act 1970, s 46(1)(a) and (5) Revised Professional Conduct and Practice Rules 1995, r 19 Cases Cited: Cameron v Qantas Airways Ltd [2009] NSWCA 339 John Lysaght Australia Ltd v Butfield [1995] NSWCA 221 Kallinicos v Hunt [2005] NSWSC 1181; 64 NSWLR 561 Kirk v Industrial Court of New South Wales [2010] HCA 1; 239 CLR 531 Category: Principal judgment Parties: In proceeding 2013/162966: Margo Young (appellant) Brendan King (first respondent) Kristina King (second respondent)