Jennings v Jennings [2016] NSWCA 29

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jennings v Jennings [2016] NSWCA 29 Hearing dates: 1 March 2016 Date of orders: 01 March 2016 Decision date: 01 March 2016 Before: Ward JA at [1]; Leeming JA at [25]; Emmett AJA at [26] Decision: Summons for leave to appeal dismissed with costs. Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-60 Real Property Act 1900 (NSW) Cases Cited: Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622 Jennings v Jennings [2015] NSWSC 1826 Masters v Cameron (1954) 91 CLR 353; [1954] HCA 72 Category: Principal judgment Parties: Paul Jennings (Applicant) Eileen Jennings (Respondent) Representation: Counsel: CH Cassimatis (Respondent) H Weller (solicitor) (Applicant)

Solicitors: Herbert Weller (Applicant) Mitry Lawyers (Respondent) File Number(s): 2015/00359116 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Citation: [2015] NSWSC 1826 Date of Decision: 01 December 2015 Before: Pembroke J File Number(s): 2013/00265679

[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.]