Secure Funding Pty Ltd v Stark; Secure Funding Pty Ltd v Conway [2014] NSWCA 151

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Secure Funding Pty Ltd v Stark; Secure Funding Pty Ltd v Conway [2014] NSWCA 151 Hearing dates: On the papers Decision date: 15 May 2014 Before: Beazley P Decision: 1. Remit the following proceedings to the Common Law Division of the Supreme Court: (i) Secure Funding Pty Ltd v Stark 2013/380356; (ii) Secure Funding Pty Ltd v Conway 2013/380358. 2. The respondents' costs thrown away by the commencement of proceedings in the Court of Appeal to be the respondents' costs on the appeal in the Common Law Division. [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: PROCEDURE - Appeal from a decision of Associate Judge - Interlocutory decision - Uniform Civil Procedure Rules, r 49.4 - Where proceedings wrongly instituted in Court of Appeal - Remitter to Division of the Supreme Court - Supreme Court Act 1970, s 51(2)

PROCEDURE - Costs - Proceedings wrongly instituted in Court of Appeal Legislation Cited: Supreme Court Act 1970 Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005 Category: Interlocutory applications Parties: CA 2013/380356 Secure Funding Pty Ltd (Applicant) Jennifer Gloria Stark and John Charles Stark (Respondents)