Fokas v Mansfield (No 3) [2017] NSWCA 315

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Fokas v Mansfield (No 3) [2017] NSWCA 315 Hearing dates: 7 December 2017 Date of orders: 07 December 2017 Decision date: 07 December 2017 Before: Basten JA; Meagher JA; Payne JA Decision: (1) The applicant's notice of motion dated 9 October 2017 for review of the orders made by White JA on 9 October 2017 be dismissed;

(2) The applicant's notice of motion dated 16 October 2017 for review of the orders made by White JA on 9 October 2017 be dismissed;

(3) The applicant pay the first and third respondents' costs of the notices of motion dated 9 October 2017 and 16 October 2017 as agreed or assessed. Catchwords: CIVIL PROCEDURE – Court of Appeal – incompetent appeal – review of order of single judge of appeal dismissing appeal – scope of review under s 101, Supreme Court Act 1970, s 46(4)

CIVIL PROCEDURE – requirement for leave to appeal – construction of Supreme Court Act 1970, s 101 – whether subs (1) granting right of appeal subject to subs (2) Legislation Cited: Supreme Court Act 1970 (NSW), ss 46(4), 46(2)(b), 101(1)(a), 101(2)(e) Uniform Civil Procedure Rules 2005 (NSW), r 51.2 Cases Cited: Fokas v Mansfield [2017] NSWCA 231 Fokas v Mansfield (No 2) [2017] NSWCA 261 Macatangay v State of New South Wales (No 2) [2009] NSWCA 272 McGinn v Cranbrook School [2016] NSWCA 226 Pi v Zhou [2017] NSWCA 16 Transglobal Capital Pty Ltd v Yolarno Pty Ltd (2004) 60 NSWLR 143; [2004] NSWCA 136 Tyneside Property Management Pty Ltd v Hammersmith Management Pty Ltd [2014] NSWCA 417 Category: Principal judgment Parties: Maria Fokas (Applicant) David Ian Mansfield (First Respondent) Deloitte Pty Limited (Second Respondent) Australian Financial Security Authority (Third Respondent) Representation: Counsel: M J Dawson (First Respondent) Solicitors: Applicant (in person) Matthews Folbigg Lawyers (Third Respondent) File Number(s): 2017/00243631 Decision under appeal Court or tribunal: Court of Appeal Citation: [2017] NSWCA 231 Date of Decision: 9 October 2017 Before: White JA File Number(s): 2017/243631