Breen v Clough [2018] NSWCA 172

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Breen v Clough [2018] NSWCA 172 Hearing dates: 2 August 2018 Date of orders: 02 August 2018 Decision date: 08 August 2018 Before: Gleeson JA, Sackville AJA, Emmett AJA Decision: 1. The notice of appeal is dismissed as incompetent. 2. Refuse the oral application by Mr Breen and Ms Dillon for leave to appeal. 3. Refuse leave to appeal with respect to the proposed cross-appeal by Ms Clough. 4. Each party bear their own costs in this Court. Catchwords: APPEALS – appeal incompetent – no realistic prospect on appeal of obtaining judgment for at least $100,000

APPEALS – oral application for leave to appeal refused – no issue of principle – no injustice in refusing leave

APPEALS – summons seeking leave to cross-appeal – s 101(2)(r)(ii) not engaged – leave refused Legislation Cited: Conveyancing Act 1919 (NSW), s 88B Occupational Health and Safety Act 2000 (NSW), s 91 Supreme Court Act 1970 (NSW), s 101(2)(r)

Uniform Civil Procedure Rules 2005 (NSW), rr 51.22, 51.41 Cases Cited: Breen v Clough (No 2) [2018] NSWSC 158 Coshott v Vardas [2017] NSWCA 258 Horseshoe Pastoral Co Pty Ltd v Rixon [2018] NSWCA 121 Milne v James (1910) 13 CLR 165 Oertel v Crocker (1947) 75 CLR 261; [1947] HCA 40 Pawlowska v Zajglic [2011] NSWCA 118 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 Category: Principal judgment Parties: Douglas Breen (First Appellant) Tracey Dillon (Second Appellant) Christine Clough (First Respondent) Representation: Counsel: Mr C Ireland (Appellants) Mr DP O'Connor / Ms FJ McNeil (Respondent)