Burner v Sanctuary Homes Pty Ltd [2018] NSWCA 165

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Burner v Sanctuary Homes Pty Ltd [2018] NSWCA 165 Hearing dates: On the papers Decision date: 30 July 2018 Before: Basten JA; Sackville AJA Decision: Grant leave to appeal Catchwords: CIVIL PROCEDURE – appeal – application for leave to appeal – judgment sum less than $100,000 – limitation defence rejected – whether failure to pay debt constituted fraud – whether fraud discoverable more than 6 years before proceedings commenced – whether applicant's case more than merely arguable – whether issue of principle – costs of appeal likely to be disproportionate to amount in issue Legislation Cited: District Court Act 1973 (NSW), s 127 Limitation Act 1969 (NSW), ss 14, 55 Category: Procedural and other rulings Parties: Lee Burner (Applicant) John Dimov (First Respondent) Sanctuary Homes Pty Ltd (Second Respondent) Representation: Solicitors: Hodges Legal (Applicant) Herbert Weller (Respondents) File Number(s): 2018/56620 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Date of Decision: 1 December 2017 Before: Mahony SC DCJ File Number(s): 2017/59583

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]