Singh v Singh [2017] NSWCA 15

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Singh v Singh [2017] NSWCA 15 Hearing dates: 1 February 2017 Decision date: 13 February 2017 Before: Beazley P; Macfarlan JA; Emmett AJA Decision: (1) Order under s 46(4) of the Supreme Court Act that the orders of Simpson JA made on 22 August 2016 be discharged.

(2) Order that the respondents' notice of motion filed in Court on 10 August 2016 be dismissed. Catchwords: APPEAL – practice and procedure – appeal dismissed by single appeal judge for non-compliance with procedural directions – application for review by three judge bench – matters relevant to dismissal application include appellant's explanations and impact of dismissal on appellant – need for court's orders to be proportionate to appellant's defaults Legislation Cited: Civil Procedure Act 2005 (NSW), ss 61, 61(3), 91 Succession Act 2006 (NSW), s 27 Supreme Court Act 1970 (NSW), s 46(4) Uniform Civil Procedure Rules 2005 Cases Cited: Cachia v Hanes (1994) 179 CLR 403; [1994] HCA 14 House v R (1936) 55 CLR 499; [1936] HCA 40 Rhinehart v Welker [2011] NSWCA 403 Stollznow v Calvert [1980] 2 NSWLR 749 Category: Principal judgment Parties: David John Singh (Applicant) Darran Harsewan Singh (First Respondent) Paul William Campbell (Second Respondent) Representation: Counsel: Self-represented Applicant Mr G J Smith (First and Second Respondents)