Dimitriou v Huybers [2017] NSWCA 252

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dimitriou v Huybers [2017] NSWCA 252 Hearing dates: 25 September 2017 Decision date: 10 October 2017 Before: Meagher JA Decision: 1. Dismiss the first, second and third appellants' application to extend the time for compliance with order 1 made by Beazley P on 5 June 2017. 2. Otherwise dismiss the applications for relief in paragraphs 4, 5, 6, 7 and 8 of the Amended Notice of Motion filed on 25 September 2017. 3. The first, second and third appellants pay the first, second and third respondents' costs of that Amended Notice of Motion. Catchwords: PRACTICE AND PROCEDURE – where appeal dismissed pursuant to self-executing order for failure to comply with procedural direction – where application to extend time for compliance after expiry of time – whether satisfactory explanation for failure to comply with direction – whether appeal devoid of merit – no issue of principle Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 1.12 Cases Cited: Devries v Australian National Railways Commission (1993) 177 CLR 472 FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) 165 CLR 268 Jackamarra v Krakouer (1998) 195 CLR 516; [1998] HCA 27 Singh v Singh [2017] NSWCA 15 Stollznow v Calvert [1980] 2 NSWLR 749 Category: Procedural and other rulings Parties: George Dimitriou (First Appellant) Wyse & Young International Pty Ltd (Second Appellant) Wyse Accounting Pty Ltd (Third Appellant) Susan Elizabeth Huybers (First Respondent) Pineview Property Holdings Pty Ltd (Second Respondent) Salvatore Russo (Third Respondent) Representation: Counsel: D Allen (First and Second Respondents)