Maytom v Kennett [2014] NSWSC 116

Supreme Court New South Wales

Medium Neutral Citation: Maytom v Kennett [2014] NSWSC 116 Hearing dates: 4 and 11 February 2014 Decision date: 26 February 2014 Jurisdiction: Equity Division Before: Hallen J Decision: (1) Orders that the time for the filing of the Plaintiffs' summons to appeal and leave to appeal be extended to 6 November 2012, the date of the filing of the Summons. (2) To the extent that it is necessary, grants leave, pursuant to s 40 of the Local Court Act 2007, to appeal from the judgments of the Local Court. (3) Orders that the appeal is allowed. (4) Orders, pursuant to s 41(1)(b) of the Local Court Act 2007, that the orders made by Magistrate Van Zuylen on 29 March 2012 be set aside. (5) Orders that the judgment entered against each of the Plaintiffs on 11 April 2012 be set aside. (6) Orders that the proceedings commenced by the Defendant be remitted to the Local Court, sitting at Parramatta, for determination. (7) Orders, pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010, that there be no publication or other disclosure of the identity of the first Plaintiff's child, or of any evidence or other material which would tend to reveal the child's identity. (8) Orders that the Plaintiffs should pay the Defendant's costs thrown away in the Local Court on 29 March 2012, such costs to be limited to one half of the costs of the Defendant's solicitor and one half of the fees of Defendant's counsel, of 29 March 2012. (9) Orders that the Defendant should pay the Plaintiffs' costs of the appeal, such costs to be limited to the amount of out-of-pocket expenses, of a type that would have been recoverable as disbursements if they had been legally represented and which they had actually and reasonably incurred. Catchwords: APPEAL - Appeal from decision of Magistrate in Local Court - Judgment given when party does not appear when matter called on for hearing - Whether any appeal grounds involved a question of law - Whether to extent that they do not, leave should be granted - Where grounds asserted include inadequacy of reasons - Where no reasons given - clearly inadequate - error of law established