Johnson v Calvo (No 2) [2016] NSWCA 75

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Johnson v Calvo (No 2) [2016] NSWCA 75 Hearing dates: 11 April 2016 Decision date: 11 April 2016 Before: Leeming JA Decision: 1. Ms Johnson's notice of motion filed 4 April 2016 be dismissed.

2. Ms Johnson to pay Ellimark's costs of and occasioned by the notice of motion. Catchwords: PRACTICE – application to vacate hearing – no sound basis demonstrated – application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), s 57 Cases Cited: Ellimark Pty Ltd v Calvo [2015] NSWSC 1240 Category: Procedural and other rulings Parties: Leigh Diane Johnson (Applicant) Athalie Calvo as Executrix of the Estate of the late Peter Calvo (First Respondent) Ellimark Pty Ltd (Second Respondent) Representation: Counsel: Applicant in person A Lockett (First Respondent) S A Lawrance (Second Respondent)

Solicitors: Stephen Wawn & Associates (First Respondent) Arnold Bloch Leibler (Second Respondent) File Number(s): 2015/281258 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Citation: [2015] NSWSC 1240 Date of Decision: 31 August 2015 Before: Bergin CJ in Eq File Number(s): 2013/353242

[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.]