Maylord Equity Management Pty Ltd as Trustee of the Batterham Retirement Fund v Nauer [2018] NSWCA 76

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Maylord Equity Management Pty Ltd as Trustee of the Batterham Retirement Fund v Nauer [2018] NSWCA 76 Hearing dates: 10 April 2018 Decision date: 10 April 2018 Before: Basten JA; Leeming JA Decision: 1. Refuse the application to extend the time within which to file a notice of leave to appeal from the judgment and orders of Bergin CJ in Eq of 24 October 2016 and of Ward CJ in Eq of 22 May 2017.

2. Refuse leave to appeal from the judgments of Slattery J of 6 November 2017 and 19 December 2017.

3. Order that the applicants pay the respondent's costs of the proceedings. Catchwords: APPEAL - leave to appeal - interlocutory decisions striking out pleadings, dismissing application to set aside orders and dismissing proceedings for want of despatch - no appellable error identified - leave refused Legislation Cited: Supreme Court Act 1970 (NSW), s 101 Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 The Age Company Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Category: Principal judgment Parties: Maylord Equity Management Pty Ltd as trustee of the Batterham Retirement Fund (Applicant) Marcel Andre Nauer (Respondent) Representation: Counsel: C P Carter (Applicant)

J R Clarke SC (Respondent)

Solicitors: Esplins Solicitors (respondent) File Number(s): 2018/35657 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Citation: [2017] NSWSC 634; [2017] NSWSC 1467. Date of Decision: 24 October 2016; 12 May 2017; 6 November 2017. Before: Bergin CJ in Eq, Ward CJ in Eq, Slattery J File Number(s): 2016/124822