Nand v Fuji Xerox Australia Pty Ltd [2014] NSWCA 294

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nand v Fuji Xerox Australia Pty Ltd [2014] NSWCA 294 Hearing dates: 25 August 2014 Decision date: 25 August 2014 Before: Leeming JA Decision: 1. These proceedings be dismissed as incompetent. 2. Upon the undertaking proffered on behalf of Fuji not to take any step to enforce this order against the trustee in the bankrupt estate of Ms Nand, I order that she pay Fuji's costs of the notice of motion filed 11 July 2014. [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: APPEALS - competency - appeal brought purportedly as of right from summary dismissal - sequestration order made prior to bringing of proceedings - adjournment refused - appeal dismissed as incompetent Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-59 Supreme Court Act 1970 (NSW) s 101(2)(e) Uniform Civil Procedures Rules 2005 (NSW), rr 51.9, 51.16 Cases Cited: Asuzu v The Council of the New South Wales Bar Association [2012] NSWCA 406 Municipality of Woollahra v Sved (unreported NSWCA 24 July 1998) Nand v Fuji Xerox Australia Pty Limited [2014] FCA 757 Nand v Fuji Xerox Australia Pty Limited [2014] FCCA 1300 Category: Interlocutory applications Parties: Ms Sharda Nand (Applicant / Respondent on the Motion) Fuji Xerox Australia Pty Ltd (Respondent / Applicant on the motion) Representation: Counsel: In person (Applicant / Respondent on the Motion) Mr DL Cook (Respondent / Applicant on the motion) Solicitors: Polczynski Lawyers (Respondent / Applicant on the motion) File Number(s): 2014/71053 Decision under appeal Citation: [2014] NSWSC 112 Date of Decision: 2014-02-25 00:00:00 Before: Nicholas AJ File Number(s): 2011/398334