Fokas v Mansfield (No. 2) [2017] NSWCA 261

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Fokas v Mansfield (No. 2) [2017] NSWCA 261 Hearing dates: 9 October 2017 Date of orders: 09 October 2017 Decision date: 09 October 2017 Before: White JA Decision: 1. Order that the amended notice of appeal be dismissed. 2. Order that the applicant's notice of motion filed 11 September 2017 be dismissed. 3. Decline to further extend the order made by the Registrar on 18 September 2017. 4. Order that the applicant pay the costs of the 1st Respondent of the applicant's notice of motion filed 11 September 2017 and that there otherwise be no further order as to the costs of the purported appeal between the applicant and the 1st Respondent. 5. Order that the applicant pay the 3rd Respondent's costs of the purported appeal between the applicant and the 3rd Respondent including the notice of motion filed 11 September 2017. Catchwords: CIVIL PROCEDURE — Court of Appeal — Objections to competency of appeal — purported appeal from interlocutory order — leave to appeal not sought — whether order striking out notice of motion is interlocutory — applicant seeks to re-litigate matters — no arguable case — purported appeal dismissed as incompetent on court's own motion

CIVIL PROCEDURE — Court of Appeal — Application — Injunction — not in the interests of justice to restrain trustee in bankruptcy from exercising power of sale Legislation Cited: Civil Procedure Act 2005 (NSW) s 10 Supreme Court Act 1970 (NSW) ss 46, 101 Uniform Civil Procedure Rules 2005 (NSW) r 51.41 Cases Cited: Boensch v Pascoe [2016] NSWCA 191; (2016) 311 FLR 101 Fokas v Mansfield [2017] NSWCA 231 Macatangay v State of New South Wales (No 2) [2009] NSWCA 272 McGinn v Cranbrook School [2016] NSWCA 226 Category: Procedural and other rulings Parties: Maria Fokas (Applicant) David Ian Mansfield (1st Respondent) Deloitte Pty Limited (2nd Respondent) Australian Financial Security Authority (3rd Respondent) Representation: Counsel: Self-represented (Applicant) M Dawson (1st Respondent) n/a (2nd Respondent) S Mullette (3rd Respondent)