Nitopi v Nitopi [2018] NSWCA 228

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nitopi v Nitopi [2018] NSWCA 228 Hearing dates: 10 October 2018 Decision date: 10 October 2018 Before: Basten JA at [1]; Simpson AJA at [30] Decision: (1) Grant leave to appeal from the judgment of Hulme J given on 5 April 2018.

(2) Costs of the leave application to be costs in the appeal. Catchwords: PROCEDURE – civil – application for leave to appeal – order dismissing proceedings – want of due despatch – whether delay adequately explained – changes of legal representation – cross claim to proceed – prejudice to defendant Category: Procedural and other rulings Parties: Cristina Pirrello Nitopi (Applicant) Giuseppe Nitopi (Respondent) Representation: Counsel: P Folino-Gallo (Applicant) H W M Stitt/J Tsang (Respondent)

Solicitors: David Leamey (Applicant) Hunter Lawyers (Respondent) File Number(s): 2018/137786 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Division Date of Decision: 5 April 2018 Before: R A Hulme J File Number(s): 2015/94733

[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.]