Hampson v Maleski [2014] NSWCA 155

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hampson v Maleski [2014] NSWCA 155 Hearing dates: On the papers Decision date: 19 May 2014 Before: Beazley P Decision: 1. Remit the following proceedings to the Common Law Division of the Supreme Court: Donald Hampson v Nadine Maleski CA 2014/51000. [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) Legislation Cited: Civil Procedure Act 2005 Supreme Court Act 1970 Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Abouloff v Oppenheimer (1882) 10 QBD 295 Keele v Findlay (1990) 21 NSWLR 444 Quarter Enterprises Pty Ltd v Allardyce Lumber Company Ltd [2014] NSWCA 3 Secure Funding Pty Ltd v Stark; Secure Funding Pty Ltd v Conway [2014] NSWCA 151 Yoong v Song [2000] NSWSC 1147 Category: Interlocutory applications Parties: Donald Hampson (Applicant) Nadine Maleski (Respondent) Representation: Solicitors: Loke Bushby International (Applicant) Bennett & Philp Lawyers (Brisbane) (Respondent) File Number(s): CA 2014/51000 Decision under appeal Jurisdiction: 9111 Citation: Maleski v Hampson [2013] NSWSC 1794 Date of Decision: 2013-12-06 00:00:00 Before: Harrison AsJ File Number(s): 2013/82455