Bagg v Angus Carnegie Gordon as liquidator of Salfa Pty Limited (in liq) [2014] NSWCA 420

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bagg v Angus Carnegie Gordon as liquidator of Salfa Pty Limited (in liq) [2014] NSWCA 420 Hearing dates: 28 November 2014 Decision date: 08 December 2014 Before: Ward JA; Sackville AJA Decision: 1. Extend the time for the filing and service by Mr Bagg of a summons for leave to appeal until 2 October 2014. 2. Dismiss the summons. 3. Extend the time for Mr Bagg to file and serve a notice of appeal against the judgment of Brereton J given on 31 October 2014 until 19 December 2014. 4. Order Mr Bagg to pay the costs of the Liquidator of the summons seeking leave to appeal, including Mr Bagg's application to extend the time for service of the summons. [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 from an interlocutory judgment granting leave to proceed against a defendant outside New South Wales - where applicant contends he has not submitted to jurisdiction - where applicant has challenged the merits of the plaintiff's claim - where final orders have been made in substantive proceeding - no prejudice to applicant in refusing leave Legislation Cited: Civil Procedure Act 2005 (NSW) s 63 Corporations Act 2001 (Cth) ss 588E, 588G, 588M