Watiwat v Dixon [2018] NSWCA 48

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Watiwat v Dixon [2018] NSWCA 48 Hearing dates: 14 March 2018 Decision date: 14 March 2018 Before: Basten JA and Simpson JA Decision: (1) Dismiss the summons filed 19 December 2017 seeking leave to appeal from the judgment of Robb J given on 20 September 2017.

(2) Order that the applicant pay the respondents' costs of the summons, assessed on the basis of their joint representation. Catchwords: CIVIL PROCEDURE – application for leave to appeal – proposed appeal from decision regarding practice or procedure – where leave sought to appeal from dismissal of proceedings under Uniform Civil Procedure Rules 2005 (NSW), r 14.3 – whether issue of principle, question of general public importance, or more than merely arguable error raised – whether leave should be granted Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 13.4 Cases Cited: Be Financial Pty Ltd atf Be Financial Operations Trust v Das [2012] NSWCA 164 In Re the Will of FB Gilbert (Dec'd) (1946) 46 SR(NSW) 318 Watiwat v Dixon [2017] NSWSC 360 Category: Procedural and other rulings Parties: Bienvenido Watiwat (Applicant) Stephen Robert Dixon (First Respondent) Winnie Leung (Second Respondent) Carlos Vincenzo (Third Respondent) Lion Financial Pty Ltd (Fourth Respondent) Representation: Counsel: No appearance by Applicant R Parsons (Respondents)

Solicitors: Applicant self-represented CLH Lawyers (Respondents) File Number(s): 2017/313745 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Division Citation: [2017] NSWSC 1242 Date of Decision: 20 September 2017 Before: Robb J File Number(s): 2016/310747