Cook v Chesterton International Pty Ltd (ABN 43 003 053 183) [2015] NSWCA 306

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cook v Chesterton International Pty Ltd (ABN 43 003 053 183) [2015] NSWCA 306 Hearing dates: 7 and 17 September 2015 Date of orders: 30 September 2015 Decision date: 30 September 2015 Before: Emmett JA Decision: 1 Extension of time be granted to the applicant to file and serve his notice of appeal to 25 June 2015.

2 Notice of motion filed on 22 July 2015 by the respondent be dismissed.

3 The applicant pay the respondent's costs of the applicant's notice of motion filed on 27 July 2015 and of the respondent's notice of motion filed on 22 July 2015. Catchwords: PROCEDURE – application for dismissal of appeal as incompetent – application for extension of time – whether an argument raised in the appeal was available on the pleadings – whether that argument is precluded by a settlement agreement Legislation Cited: Superannuation Guarantee (Administration) Act 1992 (Cth) Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), rr 51.8, 51.16, 55.22 Category: Procedural and other rulings Parties: Angus Cook (Appellant) Chesterton International Pty Ltd (ABN 43 003 053 183) (Respondent) Representation: Counsel: Mr DW Elliott (Appellant) Mr NJ Owens (Respondent)

Solicitors: Gerard Malouf & Partners (Appellant) Gadens Lawyers (Respondent) File Number(s): 2015/109695 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Citation: Cook v Chesterton International Pty Ltd [2015] NSWSC 283 Date of Decision: 24 March 2015 Before: Young AJA File Number(s): 2013/246517