McNeill v Avalon Surf Lifesaving Club [2014] NSWCA 167

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: McNeill v Avalon Surf Lifesaving Club [2014] NSWCA 167 Hearing dates: 12/05/2014 Decision date: 12 May 2014 Before: Emmett JA Decision: 1 Appeal dismissed. 2 Appellant pay the costs of the second respondent. [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 - interlocutory application - summary dismissal for incompetence - non-compliance with the Uniform Civil Procedure Rules 2005 (NSW) Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 51.8, 51.9, 51.16 Cases Cited: Nil Category: Interlocutory applications Parties: John McNeill (Appellant) Avalon Beach Surf Life Saving Club (First Respondent) Pittwater Council (Second Respondent) Representation: Counsel: No appearance (Appellant) M Carpenter (Second Respondent) Solicitors: King & Wood Mallesons (Second Respondent) File Number(s): 2013/368149 Decision under appeal Jurisdiction: 9106 Citation: McNeill v Avalon Surf Life Saving Club (No 3); McNeill v Avalon Surf Life Saving Club (No 3) [2013] NSWLEC 192 Date of Decision: 2013-11-08 00:00:00 Before: Pepper J File Number(s): 2013/40373; 2013/40349