IA v TA (No 3) [2017] NSWCA 178

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: IA v TA (No 3) [2017] NSWCA 178 Hearing dates: 19 July 2017 Decision date: 19 July 2017 Before: McColl JA; Meagher JA Decision: Applicant's summons is dismissed with costs. Catchwords: PROCEDURE – leave to appeal – where application for leave to appeal from interlocutory orders made in course of case management of remitted proceedings – no arguable error or substantial injustice – no question of principle Legislation Cited: NSW Trustee and Guardian Act 2009 (NSW) Supreme Court Act 1970 (NSW), s 101(2)(e) Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Incorporated (1981) 148 CLR 170 In re the Will of FB Gilbert (1946) 46 SR (NSW) 318 Category: Principal judgment Parties: IA (Applicant) TA (Respondent) Representation: Counsel: In person (Applicant) D Hanna (Respondent)

Solicitors: Moray & Agnew (Respondent) File Number(s): 2017/111363 Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Equity Division – Protective List Date of Decision: 12 December 2016; 20 December 2016; 21 February 2017; 16 March 2017 Before: Bergin CJ in Eq; Slattery J; Rein J File Number(s): 2015/19513; 2015/186082

[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.]