Seidler v Carroll & O'Dea [2014] NSWCA 48

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Seidler v Carroll & O'Dea [2014] NSWCA 48 Hearing dates: 10 March 2014 Decision date: 11 March 2014 Before: McColl JA (at [1]); Macfarlan JA (at [33]) Decision: (1) Dismiss the summons seeking leave to appeal with costs. (2) Dismiss the appeal filed on 26 September 2013 with costs. (3) Dismiss the amended notice of motion 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 - application for leave to appeal - no error of principle demonstrated APPEAL - whether appeal from interlocutory decisions - leave to appeal from refusal of leave to amend statement of claim and dismissal of proceedings for want of dispatch - appeal incompetent Legislation Cited: Supreme Court Act 1970 NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: House v King [1936] HCA 40; (1936) 55 CLR 499 National Mutual Life Association of Australasia Ltd v Grosvenor Hill (Qld) [2001] FCA 237; (2001) 183 ALR 700 Paramasivam v Sabanathan [2013] NSWCA 362 Category: Principal judgment Parties: Kathryn Seidler (applicant) Carroll & O'Dea (first - fifteenth, seventeenth - eighteenth respondents) Robert Harrington (sixteenth respondent) Avant Insurance Limited and Dr Chris Eliades (nineteenth and twenty-second respondents to Amended Notice of Motion) Bayer Australia Limited (twentieth respondent to Amended Notice of Motion) Christopher Brierley (thirty-first respondent to Amended Notice of Motion) Michael Nguyen (thirty-second respondent to Amended Notice of Motion) HWL Ebsworth Pty Ltd (thirty-third respondent to Amended Notice of Motion Michael Windsor (thirty-fourth respondent to Amended Notice of Motion) Representation: Counsel: Applicant in person M Windsor SC for Carroll & O'Dea, Christopher Brierley (thirty-first respondent to Amended Notice of Motion), Michael Nguyen (thirty-second respondent to Amended Notice of Motion), HWL Ebsworth (thirty-third respondent to Amended Notice of Motion), and Michael Windsor SC (thirty-fourth respondent to Amended Notice of Motion) C Purdy for Robert Harrington M Lynch for Avant Insurance Limited and Dr Chris Eliades (nineteenth and twenty-second to Amended Notice of Motion) N Bender for Bayer Australia Limited (twentieth Amended Notice of Motion) Solicitors: Applicant in person HWL Ebsworth Lawyers - first to fifteenth and seventeenth respondents, thirty-first, thirty-second, thirty-third and thirty-fourth respondents to Amended Notice of Motion Moray & Agnew - sixteenth respondent Avant Law Pty Ltd - nineteenth and twenty-second respondents Baker & McKenzie - twentieth respondent File Number(s): 2013/291278, 2013/377736 Publication restriction: No Decision under appeal Citation: Seidler v Carroll & O'Dea [2013] NSWSC 338 Seidler v Carroll & O'Dea, 10 May 2013 Seidler v Carroll & O'Dea (No 2) [2013] NSWSC 1172 Before: McCallum J File Number(s): 2011/372531