Soloman v Savage [2019] NSWCA 294

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Soloman v Savage [2019] NSWCA 294 Hearing dates: 29 October 2019 - On the papers - Submissions 27 November 2019 Date of orders: 05 December 2019 Decision date: 05 December 2019 Before: Emmett AJA; Simpson AJA Decision: The application for leave to appeal be dismissed with costs. Catchwords: CIVIL PROCEDURE – Court of Appeal – Application for leave to appeal – whether the appeal points to any error of principle on the part of the primary judge in the exercise of judicial discretion – whether the applicant had sufficient opportunity to file the relevant evidence. Legislation Cited: Contracts Review Act 1980 (NSW) Cases Cited: House v The King (1936) 55 CLR 499 Soloman v Savage [2018] NSWCA 249 Category: Procedural and other rulings Parties: Phillip Aziz Soloman (Applicant) Robin Barry Savage (Respondent) Representation: Counsel: R Ardino (Applicant) T Davie (Respondent)

Solicitors: Morgan Ardino & Co (Applicant) Kennedy & Cooke Lawyers (Respondent) File Number(s): 2019/177241 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: [2019] NSWDC 223 Date of Decision: 4 June 2019 Before: Dicker DCJ File Number(s): 2016/137741

[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.]