El-Saeidy v NSW Land & Housing Corporation [2014] NSWCA 172

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: El-Saeidy v NSW Land & Housing Corporation [2014] NSWCA 172 Decision date: 30 May 2014 Before: McColl JA; Ward JA Decision: (1) Application for leave to appeal dismissed with costs. (2) The respondent's notice of motion filed on 27 February 2014 dismissed 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: JURISDICTION - leave to appeal - competence - where associate Judge ordered respondent conduct remediation work on tenant applicant's premises pursuant to residential tenancy agreement - where both parties sought orders after entry of judgment in respect of remediation work - where associate Judge dismissed applicant's motion and declared respondent had complied with remediation order - whether application for leave to appeal to Court of Appeal competent

JURISDICTION - leave to appeal - competence - where Registrar refused applicant's motion for adjournment and extension of time to file further submissions - where associate Judge upheld Registrar's decision on review pursuant to UCPR 49.19 - whether application for leave to appeal competent

PROCEDURE - Judgments and orders - enforcement - application for relief after final orders - implied liberty to apply - scope of - where orders sought ancillary or incidental to enforcement - whether orders final or interlocutory