Norfeld Pty Ltd v Amanda Lee Jones trading as Watermark Patent and Trademark Attorneys [2014] NSWCA 408

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Norfeld Pty Ltd v Amanda Lee Jones trading as Watermark Patent and Trademark Attorneys [2014] NSWCA 408 Hearing dates: 28 November 2014 Decision date: 28 November 2014 Before: Ward JA; Sackville AJA Decision: Application for leave to appeal 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: APPEAL - application for leave to appeal - where Supreme Court dismissed appeal against orders of Local Court magistrate - where applicant unrepresented in Local Court - where magistrate refused to allow applicant to cross-examine certain witnesses and refused applicant leave to file second further amended summons - whether Supreme Court erred in finding applicant was not denied procedural fairness Legislation Cited: Civil Procedure Act 2005 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Beveridge v Dontan Pty Ltd (1991) 23 NSWLR 13 Dunn v Ross Lamb Motors [1978] 1 NSWLR 26 House v The King (1936) 55 CLR 499 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Johnson Tiles Pty Ltd v Esso Australia Ltd [2000] FCA 1572; (2000) 104 FCR 564 Norfeld Pty Ltd v Jones [2014] NSWSC 992 Zelden v Sewell Henamast Pty Ltd [2011] NSWCA 56 Category: Principal judgment Parties: Norfeld Pty Ltd (Applicant) Amanda Lee Jones t/as Watermark Patent and Trademark Attorneys (Respondent) Representation: Counsel: B Zipser (Applicant) S S Ahmed (Respondent) Solicitors: Livingstone & Company (Applicant) Lewis Holdway (Respondent) File Number(s): CA 2014/00253243 Publication restriction: Nil Decision under appeal Citation: [2014] NSWSC 992 Date of Decision: 2014-07-31 00:00:00 Before: Hamill J File Number(s): SC 2013/00071259