Stanton v Fell [2014] NSWCA 44

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Stanton v Fell [2014] NSWCA 44 Hearing dates: 7 March 2014 Decision date: 07 March 2014 Before: Macfarlan JA at [1]; Ward JA at [11] Decision: The application for leave to appeal is 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: PRACTICE AND PROCEDURE - leave to appeal - less than $100,000 at issue - not sufficient to show arguability of appeal - leave refused Legislation Cited: Defamation Act 2005 (NSW), ss 25, 30, 33 Supreme Court Act 1970 (NSW), s 101 Cases Cited: Be Financial Pty Ltd v Das [2012] NSWCA 164 Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Kassem v Colonial Mutual [2001] NSWCA 38 Category: Procedural and other rulings Parties: Arthur Peter Stanton (Applicant) Gary Fell (Respondent) Representation: Counsel: K P Smark SC (Applicant) P J Hayes (Respondent) Solicitors: Access Law Group (Applicant) Russell Kennedy Lawyers (Respondent) File Number(s): CA 2013/256516 Decision under appeal Jurisdiction: 9111 Citation: [2013] NSWSC 1001 Date of Decision: 2013-07-29 00:00:00 Before: Simpson J File Number(s): SC 2012/288471