Young v Sprague [2014] NSWCA 457

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Young v Sprague [2014] NSWCA 457 Hearing dates: 18 December 2014 Decision date: 19 December 2014 Before: Sackville AJA Decision: 1. The notice of appeal filed 25 June 2014 be struck out. 2. The appellant pay the respondents' costs of the motions objecting to competency. [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 - whether appeal lies as of right - failure to demonstrate reasonable prospect of increasing wealth by $100,000 if the appeal succeeded Legislation Cited: District Court Act 1973 (NSW) s 127 Supreme Court Act 1970 (NSW) ss 46, 46B

Uniform Civil Procedure Rules 2005 (NSW) rr 51.18, 51.22, 51.41 Cases Cited: Lorrimar v Serco Sodexo Defence Services Pty Ltd [2014] NSWCA 371 Macatangay v State of New South Wales (No 2) [2009] NSWCA 272 Schepis v Commonwealth of Australia [2012] NSWCA 398 Young v Sprague [2014] NSWCA 456 Category: Interlocutory applications Parties: Gary Young (Appellant) Jean Sprague (First Respondent) Anthony Croker (Second Respondent The Royal Society for the Prevention of Cruelty to Animals (Third Respondent) State of New South Wales (Fourth Respondent) Representation: Counsel: In person (Appellant) P Morris SC (First, Second and Third Respondent) G Bateman (Fourth Respondent) Solicitors: Moray & Agnew (First, Second and Third Respondents) Crown Solicitor (Fourth Respondent) File Number(s): 2014/105260 Decision under appeal Jurisdiction: 9101 Date of Decision: 2014-03-10 00:00:00 Before: Norton DCJ File Number(s): 11/254369