Mendonca v Chan & Naylor (Parramatta) Pty Ltd [2016] NSWCA 246

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mendonca v Chan & Naylor (Parramatta) Pty Ltd [2016] NSWCA 246 Hearing dates: 1 September 2016 Decision date: 01 September 2016 Before: Meagher JA at [1], [18], [20] and [22]; Leeming JA at [2] and [21] Decision: 1. Summons filed 8 July 2016 dismissed.

2. Notice of motion filed 8 August 2016 dismissed.

3. Application of Mr Gunning for costs dismissed.

4. Applicant to pay the respondent's costs on the ordinary basis. Catchwords: APPLICATION FOR LEAVE TO APPEAL – extension of time – applicant unsuccessful as plaintiff in District Court seeking to recover bonuses from former employer – applicant then sued his barrister and solicitor seeking orders that they pay the costs ordered against him – those proceedings dismissed – leave to appeal from those proceedings refused – where premise of those proceedings was correctness of original District Court decision – applicant seeks extension of time, two years later, to appeal against original decision – where success on appeal would give rise to inconsistent judgments – whether sufficiently arguable proposed grounds of appeal demonstrated – leave to appeal refused Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Degmam Pty Ltd (in liq) v Wright (No 2) [1983] 2 NSWLR 354 Doppstadt Australia Pty Ltd v Lovick & Son Development Pty Ltd [2014] NSWCA 158 Mendonca v Chan & Naylor (Parramatta) Pty Ltd [2014] FCCA 1042 Mendonca v Chan & Naylor (Parramatta) Pty Ltd as Trustee for Chan & Naylor (Parramatta) Trust (District Court (NSW), 6 November 2015, unrep) Category: Principal judgment Parties: Gerard Mendonca (Applicant) Chan & Naylor (Parramatta) Pty Ltd (Respondent) Representation: Counsel: Applicant in person E W Young (Respondent)