Hobbs v Australian Securities and Investments Commission [2013] NSWCA 432

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hobbs v Australian Securities and Investments Commission [2013] NSWCA 432 Hearing dates: 9 December 2013 Decision date: 17 December 2013 Before: Barrett JA Decision: 1. Order that the appellant's notice of motion filed on 12 July 2013 be dismissed. 2. Order that the appeal be dismissed. 3. Order that the appellant pay the respondent's costs of the proceedings in this Court. [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 - dismissal for want of despatch - continuing failure and inability of appellant to prepare appeal in accordance with the rules of court - continuing expectation that appellant's health will never permit him to do so - expectations of retaining lawyers not realised - no indication that lawyers will ever be retained - prejudice to respondent in the form of need to attend to various aspects of appeal unlikely to proceed Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 Supreme Court Act 1970 Cases Cited: Birkett v James [1978] AC 297 Hobbs v Australian Securities and Investments Commission [2013] NSWCA 205 Hobbs v Australian Securities and Investments Commission [2013] NSWCA 267 In the matter of Idylic Solutions Pty Ltd; Australian Securities and Investments Commission v Hobbs [2012] NSWSC 1276 In the matter of Idylic Solutions Pty Ltd: Australian Securities and Investments Commission v Hobbs [2013] NSWSC 106 State of New South Wales v Plaintiff A [2012] NSWCA 248 Category: Principal judgment Parties: David John Hobbs (Appellant) Australian Securities and Investments Commission (Respondent) Representation: Counsel: No appearance (Appellant) Mr J R Clarke SC (Respondent) Solicitor: No appearance (Appellant) Ms G Hayden, Solicitor for Australian Securities and Investments Commission (Respondent) File Number(s): 2013/85772 Decision under appeal Citation: [2012] NSWSC 1276; [2013] NSWSC 106 Date of Decision: 2013-02-21 00:00:00 Before: Ward J File Number(s): 2007/85772