Baffico v YMCA of Great Lakes Inc [2014] NSWCA 61

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Baffico v YMCA of Great Lakes Inc [2014] NSWCA 61 Hearing dates: 3 March 2014 Decision date: 17 March 2014 Before: Ward JA Bergin CJ in Eq Tobias AJA Decision: 1. Grant leave to the appellant to appeal from the judgment and orders of Judicial Registrar Howard on 5 April 2013. 2. The appeal is allowed. 3. The order made by Judicial Registrar Howard dismissing the proceedings is set aside. 4. The parties are to file submissions on what costs orders should be made in respect of the proceedings in the District Court and this appeal by no later than 18 April 2014. [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] - Where failure by solicitors to comply with directions - where appellant personally blameless for delay - where no actual prejudice - whether dismissal where proceedings statute barred unreasonable and plainly unjust.

[CASE MANAGEMENT] - Range of orders and directions to be deployed in case management - need for proportionate response to breaches - dismissal as last resort. Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58 and 61 District Court Act 1973 (NSW), s 127 Uniform Civil Procedure Rules 2005 (NSW), rr 2.1, 12.7, 15.12, 15.14 and 15.16 Cases Cited: Baulderstone Hornibrook Pty Ltd v HBO + DC Pty Ltd [2001] NSWSC 821 Computer Edge Pty Ltd v Apple Computer Inc [1984] HCA 47; 54 ALR 767 Glover v Australian Ultra Concrete Floors Pty Ltd [2003] NSWCA 80 House v R (1936) 55 CLR 499 Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274 Nowlan v Marson Transport Pty Ltd (2001) 53 NSWLR 116 Pacanowski v Simon Wakerman & Associates [2009] NSWCA 402 Philliponi v Leithead (1959) 76 WN (NSW) 150 Pilato v Metropolitan Water Sewerage and Drainage Board (1959) 76 WN (NSW) 364 Category: Principal judgment Parties: Kylie Baffico (Appellant) YMCA of Great Lakes Inc (Respondent) Representation: Counsel: Mr R Sheldon SC/Ms L Welsh (Appellant) Ms J Lonergan SC/Mr S Flanigan (Respondent) Solicitors: Brydens Compensation Lawyers (Appellant) Piper Alderman Lawyers (Respondent) File Number(s): 2013/137834 2014/38268 Publication restriction: Nil Decision under appeal Citation: N/A Date of Decision: 2013-04-05 00:00:00 Before: Judicial Registrar Howard File Number(s): 2011/320452