Gabriel v Grech [2018] NSWSC 1652

Supreme Court New South Wales

Medium Neutral Citation: Gabriel v Grech [2018] NSWSC 1652 Hearing dates: 20 March 2018 Date of orders: 01 November 2018 Decision date: 01 November 2018 Jurisdiction: Common Law Before: Walton J Decision: (1) The amended motion is dismissed.

(2) Costs are reserved. Catchwords: CIVIL PROCEDURE – dismissal application of appeal proceedings – objections to competency of appeal pursuant to r 50.16A of the Uniform Civil Procedure Rules 2005 (NSW) – whether the appeal is incompetent – whether the notice of motion should be heard and determined in advance of the hearing of the amended summons – the plaintiff's extant application for extension of time pursuant to r 50.3(1)(c) – whether, if the appeal was out of time, it may be declared incompetent if there remains outstanding an application to extend time –whether the appeal was filed out of time – time for appeal pursuant to r 50.3 of the UCPR – construction of rr 50.2 and 50.3 of the UCPR – relevant principles – r 50.2(1) definition of "material date" and "decision" – material date is defined as "the date on which the decision is pronounced or given" – whether reasonable argument appeal filed in time – motion dismissed – costs reserved Legislation Cited: Electronic Transactions Act 2000 (NSW) Local Court Act 2007 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Altus Group (UK) Limited v Baker Tilly [2015] EWHC 12 (Ch) Asuzu v Council of the New South Wales Bar Association [2012] NSWCA 406 Blackmore v Browne; Kara Kar Holdings Pty Ltd v Blackmore [2011] NSWCA 114 Gabriel v Grech (Unreported, New South Wales Local Court (Downing Centre), 10 March 2017) Gabriel v Grech (Unreported, New South Wales Local Court (Downing Centre), 11 August 2017) Mills v Futhem [2011] NSWCA 252 Palermo Seafood Pty Ltd v Lunapas [2015] NSWCA 175 Russo v Acebound Pty Ltd [2012] NSWSC 300 Woollahra Municipal Council v Sved (Unreported, New South Wales Court of Appeal, 24 July 1998) Texts Cited: NSW Supreme Court Practice Note 1 SC CA 1 (27 March 2009) NSW Supreme Court Practice Note 1 SC CA 1 (12 December 2017) Category: Procedural and other rulings Parties: Joseph Gabriel (Plaintiff / First Respondent) Paul Grech (First Defendant / Second Respondent) Drive My Car Rentals Pty Ltd (Second Defendant / Applicant on Motion) Representation: Counsel: S A Baron Levi (Plaintiff / First Respondent) M R Rollinson (First Defendant / Second Respondent) P M Barham (Second Defendant / Applicant on Motion)