Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Neville v Lam [2015] NSWCA 192 Hearing dates: 06 July 2015 Decision date: 06 July 2015 Before: Basten JA; Emmett JA; Simpson JA Decision: (1) Time within which to file a notice of appeal is extended until 5 September 2014. (2) The appeal is dismissed. (3) The appellant is to pay the respondent's costs of the appeal. Catchwords: APPEAL – appellant unrepresented – no issue of principle – no error in fact finding revealed – short form reasons Legislation Cited: Supreme Court Act 1970 (NSW), s 45(4). Category: Principal judgment Parties: Lisa Marguerite Neville (Appellant) Associate Professor Alan Lam (Respondent) Representation: Counsel: Appellant self-represented Ms J M Sandford Solicitors: Appellant self-represented Avant Law (Respondent) File Number(s): 2014/179850 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Division Citation: Neville v Lam (No 3) [2014] NSWSC 607 Date of Decision: 21 May 2014 Before: Beech-Jones J File Number(s): 2008/289699 [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.] Judgment 1. THE COURT: The Court has had an opportunity before coming on to the bench this morning to read the written submissions which have been prepared by counsel previously briefed for the appellant and the written submissions for the respondent. In the circumstances where the appellant appears without representation this morning, no further matters have been raised for the consideration of the Court. 2. The liability of the respondent turned on a finding of fact as to what he said to the appellant. The trial judge was not satisfied on the evidence as to an essential factual element of the appellant's case. Having considered the grounds of appeal and the matters presented by way of written submissions, the Court is satisfied that the grounds of appeal have not been made out, and that the result reached by the trial judge was correct for the reasons he gave. The appeal raises no question of general principle. [1] 3. For those reasons the Court makes the following orders: (1) Time within which to file a notice of appeal is extended until 5 September 2014. (2) The appeal is dismissed. (3) The appellant is to pay the respondent's costs of the appeal. ********** Endnote 1. Supreme Court Act 1970 (NSW), s 45(4). Amendments 08 July 2015 - Counsel on coversheet DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 08 July 2015