Lane v Northern NSW Local Health District [2014] NSWCA 26

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lane v Northern NSW Local Health District [2014] NSWCA 26 Hearing dates: 17 February 2014 Decision date: 17 February 2014 Before: Basten JA Decision: 1. Dismiss the notice of motion of 7 February 2014 filed on behalf of the appellants. 2. The costs of the motion are to be the respondents' costs in the appeal. [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: PRACTICE and PROCEDURE - appeal - application to adduce further evidence - leave not required where complaint is erroneous rejection of proffered evidence at trial - request for issue of subpoena rejected where appeal challenges the setting aside of subpoena before trial Legislation Cited: Supreme Court Act 1970 (NSW), s 75A Category: Interlocutory applications Parties: Deirdre May Lane (First Applicant) Elizabeth Helen Lane (Second Applicant) Northern NSW Local Health District (Respondent) Representation: Counsel:

Applicants self-represented Mr R Sergi (Respondent) Solicitors:

Applicants self-represented Curwoods Legal Services Pty Ltd (Respondent) File Number(s): CA 2013/54612 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-02-15 00:00:00 Before: Williams DCJ File Number(s): DC 2010/99555; DC 2010/99556