Coren v Master Builders Association of New South Wales Pty Ltd [2014] NSWCA 244

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Coren v Master Builders Association of New South Wales Pty Ltd [2014] NSWCA 244 Hearing dates: 22 July 2014 Decision date: 22 July 2014 Before: Basten JA at [1]; Gleeson JA at [22] Decision: (1) Refuse an extension of time within which to file the summons seeking leave to appeal. (2) Summons dismissed as incompetent. (3) Applicant to pay the respondent's costs in this Court. [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: APPEAL - proceedings struck out for want of prosecution - leave required - no explanation for failure to prosecute claim in timely manner - no evidence as to response to objections, lack of which constituted the basis for striking out claim

PRACTICE AND PROCEDURE - extension of time to seek leave to appeal - whether arguable ground of appeal - lack of explanation of delay Legislation Cited: District Court Act 1973 (NSW), s 127 Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16 Category: Principal judgment Parties: Nicholas Mitchell Coren (Applicant) Master Builders Association of New South Wales Pty Ltd (Respondent) Representation: Counsel: Applicant self-represented Mr A T S Dawson (Respondent) Solicitors: Applicant self-represented Riley Gray Spencer Solicitors (Respondent) File Number(s): CA 2014/129774 Decision under appeal Jurisdiction: 9101 Before: Elkaim DCJ File Number(s): DC 2012/81331