Olsen v Mentink [2019] NSWCA 279

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Olsen v Mentink [2019] NSWCA 279 Hearing dates: 14 November 2019 Decision date: 18 November 2019 Before: Leeming JA Decision: 1. Dismiss paragraph 1 of the summons filed 5 November 2019, with costs.

2. Stand over the balance of the summons into the Registrar's list on Monday 3 February 2020, to be treated as a notice of motion for expedition in the event that an appeal has been filed. Catchwords: APPEALS – time for appeal – notice of intention to appeal filed and served – successful defendant sought orders limiting time within which appeal could be commenced – whether Court of Appeal had jurisdiction and power to make such an order – whether such an order should be made – application refused Legislation Cited: Civil Procedure Act 2005 (NSW), s 14 Supreme Court Act 1970 (NSW), ss 46, 48, 101 Supreme Court Rules, Pt 51 rr 4, 6 Uniform Civil Procedure Rules, rr 1.12, 51.1, 51.2, 51.6, 51.7, 51.8, 51.9, 51.16, 51.37, 51.41 Cases Cited: Commonwealth v Bank of New South Wales [1950] AC 235 Dillon v Boland; Dillon v Cush [2012] NSWCA 364 El-Hanania v Vella [2019] NSWCA 167 Gerlach v Clifton Bricks Pty Ltd (2002) 209 CLR 478; [2002] HCA 22 Hodder Rook & Associates Pty Ltd v Genworth Financial Mortgage Insurance Pty Ltd [2011] NSWCA 279 Kalache v Local Court of New South Wales (No 2) [2017] NSWSC 1736 Kounnas v Citywide Civil Engineering Pty Ltd [2012] NSWCA 287 McGinn v Cranbrook School [2016] NSWCA 226 Moubarak by his tutor Coorey v Holt (No 2) [2019] NSWCA 188 Olsen v Mentink [2019] NSWSC 1299 Texts Cited: New South Wales Civil Procedure Handbook 2019 (Thomson Reuters 2019) Category: Procedural and other rulings Parties: John Henry Olsen (Plaintiff) Karen Howard Mentink (Defendant) Representation: Counsel: J Brown and N Condylis (Plaintiff) R Wilson SC (Defendant)