Madden v Madden [2014] NSWCA 427

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Madden v Madden [2014] NSWCA 427 Hearing dates: 8/12/2014 Decision date: 09 December 2014 Before: Emmett JA at [1]; Leeming JA at [40] 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 AND NEW TRIAL - application for leave to re-open - application refused by primary judge - whether the primary judge made an error of discretion Legislation Cited: Bankruptcy Act 1966 (Cth) Family Provision Act 1982 (NSW) Cases Cited: Autodesk Inc v Dyason (No 2) [1993] HCA 6; 176 CLR 300 Madden v Official Trustee in Bankruptcy [2014] FCA 446 Young v Hones (No 2) [2014] NSWCA 338 at [14]-[15]). Hones (No 2) [2014] NSWCA 338 Category: Principal judgment Parties: Alexander William Madden (Applicant) Michael Patrick Madden as the executor of the Estate of the late Margaret Rose Falloon (First Respondent) Eve Karen Falloon (Second Respondent) Chad Russell Falloon (Third Respondent) Representation: Counsel: Mr J O'Sullivan (Applicant) Mr RN O'Neill (Respondents) Solicitors: Abraham Legal Pty Ltd (Applicant) Gibson Howlin Lawyers (First Respondent) Coleman Grieg Lawyers (Second and Third Respondents) File Number(s): 2014/245858 Publication restriction: Nil Decision under appeal Citation: Madden v Madden [2014] NSWSC 1098 Date of Decision: 2014-08-07 00:00:00 Before: Stevenson J File Number(s): 2011/25063