Vissaritis v Hatzikiriakos [2013] NSWCA 474

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Vissaritis v Hatzikiriakos [2013] NSWCA 474 Hearing dates: 13 December 2013 Decision date: 13 December 2013 Before: Beazley P at [1]; Ward JA at [9] Decision: Summons dismissed with costs. [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: DISMISSAL OF SUMMONS FOR LEAVE TO APPEAL - dismissal of proceedings by Judicial Registrar for failure to comply with court orders - whether dismissal unjust - Civil Procedure Act 2005, ss 56-58 - relevance of applicant's ability to commence proceedings in the Local Court.

PRACTICE AND PROCEDURE - Leave to appeal - matter of practice and procedure - discretionary decision - small sum of money involved. Legislation Cited: Civil Procedure Act 2005 Category: Principal judgment Parties: Dionisia Vissaritis (Applicant) John Hatzikiriakos (Respondent) Representation: Counsel: A Di Francesco (Applicant) D Hand (Respondent) Solicitors: Konstan Lawyers (Applicant) John Peetz (Respondent) File Number(s): 2013/135053 Decision under appeal Jurisdiction: 9101 Citation: Vissaritis v Hatzikiriakos Date of Decision: 2013-04-04 00:00:00 Before: Judicial Registrar Howard File Number(s): 2011/359521