Borcherdt v Scott [2013] NSWCA 417

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Borcherdt v Scott [2013] NSWCA 417 Hearing dates: 22 November 2013 Decision date: 22 November 2013 Before: Emmett JA at [1]; Sackville AJA at [20]. Decision: 1. To the extent that leave to appeal is necessary in appeal proceedings 2013 of 292118, leave be granted. 2. The proceedings be listed before the Registrar of the Court of Appeal for directions in relation to the preparation of the appeal for hearing. [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: LEAVE TO APPEAL - three proceedings in Local Court - appeal to Supreme Court dismissed - where appeal to Supreme Court dealt with all three proceedings as a single proceeding - whether leave to appeal to Court of Appeal required under s 101(2)(r) of Supreme Court Act 1970 in relation to any one or more of the three Local Court proceedings - where only one of the Local Court proceedings was worth over $100,000 - where common material in all three Local Court proceedings Legislation Cited: Local Court Act 2007, ss 39, 40 Supreme Court Act 1970, ss 101(1)(a), 101(2)(r) Category: Principal judgment Parties: Robert John Borcherdt (Applicant/Appellant) Coswald Thomas Scott (Respondent) Representation: Counsel: