Jingalong Pty Ltd v Todd [2014] NSWCA 330

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jingalong Pty Ltd v Todd [2014] NSWCA 330 Hearing dates: 8 September 2014 Decision date: 19 September 2014 Before: McColl JA Decision: (1) Stay the orders made in Supreme Court proceedings 2012/344643 by Kunc J pending the hearing and determination of appeal proceedings 2014/137752. (2) Order that the time within which to file the notice of appeal in proceedings 2014/137752 be extended to 7 August 2014. (3) Dismiss Mr Pernice's notion of motion filed on 28 August 2014. (4) Dismiss Mr Todd's notion of motion filed on 3 September 2014. (5) Jingalong to pay the costs of its and the respondents' notices of motions. (6) Expedite the hearing of the appeal. (7) Direct the parties to approach the Court of Appeal Registrar to obtain a date for the hearing of the appeal and further directions for preparation for that hearing. [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 - extension of time to file notice of appeal - relevant considerations - whether in interests of justice to extend time - UCPR 51.16 - failure to serve notice of intention to appeal - three month delay in filing notice of appeal - whether applicant should be left to remedy against legal representatives