Stankovic v Peter Magee T/as Armstrong Legal [2014] NSWCA 191

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Stankovic v Peter Magee T/as Armstrong Legal [2014] NSWCA 191 Hearing dates: 5 June 2014 Decision date: 05 June 2014 Before: Basten JA at [1]; Ward JA at [13] Decision: (1) Reject the applicant's motion to adjourn the proceedings in this Court. (2) Extend time to seek leave to appeal to 29 August 2013. (3) Grant the applicant leave to appeal subject to the applicant lodging within 21 days with the Registrar of this Court a draft defence in the form proposed to be relied on if the default judgment in the District Court is set aside and he is allowed to defend those costs proceedings. (4) Grant both parties leave to approach the Registrar on three days' notice. (5) The costs of the application shall be costs in the proceedings in this Court. (6) Dismiss the notice of motion filed in court seeking orders for trial by jury and a declaration as to the meaning of "dismiss". [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: PRACTICE and PROCEDURE - application for extension of time - summons filed three days late - no prejudice alleged by respondent

PRACTICE and PROCEDURE - application for leave to appeal - default judgment entered without notice - application to set aside judgment dismissed because filed out of time - whether arguable defence - issue as to construction of rule prohibiting variation of order more than 14 days after entry where notice of judgment given nine days after entry - leave subject to condition as to proposed defence Legislation Cited: Uniform Civil Procedure Rules (NSW), rr 14.3, 16.2, 16.3, 36.16 Cases Cited: Northumbrian Ice-Cream Co Ltd v Breakaway Vending Pty Ltd [2006] NSWSC 1216 Short v Crawley (No 45) [2013] NSWSC 1541 Category: Procedural and other rulings Parties: Michael Stankovic (Applicant) Peter Michael Magee T/as Armstrong Legal (Respondent) Representation: Counsel: Applicant self-represented Ms S Clemmett (Respondent) Solicitors: Applicant self-represented Armstrong Legal (Respondent) File Number(s): CA 2013/263313 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-07-29 00:00:00 Before: Judicial Registrar Howard File Number(s): DC 2013/134399