Betteridge v Wurth [2014] NSWCA 435

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Betteridge v Wurth [2014] NSWCA 435 Hearing dates: 8 December 2014 Decision date: 08 December 2014 Before: Emmett JA at [1], [16]; Leeming JA at [2] Decision: The application for leave is 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 of leave to appeal from grant of leave to discontinue - no question of principle - leave refused Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 Evidence Act 1995 (NSW), s 91 Legal Profession Act 2004 (NSW), ss 323(3), 327 Limitation Act 1969 (NSW) Supreme Court Act 1970 (NSW), s 101(2) Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Moon v Mun [2013] NSWCA 217 Category: Interlocutory applications Parties: Neville Betteridge (Applicant) Mark Wurth (Respondent) Representation: Counsel: PR Glissan (Applicant) D Weinberger (Respondent) Solicitors: McGowan Lawyers (Applicant) Karp O'Neill Solicitors & Barristers (Respondent) File Number(s): 2014/208352 Decision under appeal Citation: [2014] NSWSC 793 Date of Decision: 2014-06-17 00:00:00 Before: Harrison J File Number(s): 2011/405907