Zepinic v Chateau Constructions (Aust) Ltd [2014] NSWCA 27

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Zepinic v Chateau Constructions (Aust) Ltd [2014] NSWCA 27 Hearing dates: 18 February 2014 Decision date: 18 February 2014 Before: Basten JA; Gleeson JA; Leeming JA Decision: 1. Dismiss the applicant's application to vacate the hearing date. 2. Dismiss the amended notice of motion filed 6 August 2013, seeking to review the judgment of McColl JA of 1 July 2013. 3. Order the applicant to pay the respondent's costs of the motion. [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 - review of decision of single Judge of Appeal - Supreme Court Act 1970 (NSW) s 46 - whether there was "order" or "judgment" - where any order did not affect final result - review incompetent

APPEAL - purported appeal from judgments and orders by notice of motion instead of summons for leave to appeal - failure to identify orders or judgments - failure to identify grounds of appeal

PROCEDURE - application to vacate - application lacking in merit - no exceptional circumstances - application dismissed Legislation Cited: Supreme Court Act 1970 (NSW), s 46(4) Uniform Civil Procedure Rules 2005 (NSW), r 10.6(2) Cases Cited: Commonwealth v Bank of New South Wales [1950] AC 235 Gerlach v Clifton Bricks Pty Ltd [2002] HCA 22; 209 CLR 478 Howard v National Bank of New Zealand Ltd [2002] FCA 1257; 121 FCR 366 Lewis v Condon; Condon v Lewis [2013] NSWCA 204 Pittwater Council v Moore Development Group Pty Ltd [2004] NSWCA 278 Category: Principal judgment Parties: Dr Vito Zepinic (Applicant) Chateau Constructions (Aust) Ltd (Respondent) Representation: Counsel: No appearance for the applicant B Ilkovski (Respondent) Solicitors: Toomey Pegg Lawyers (Respondent) File Number(s): 2010/45208 Decision under appeal Jurisdiction: 9003 Citation: [2013] NSWCA 214 Date of Decision: 2013-07-01 00:00:00 Before: McColl JA File Number(s): CA 2010/45208