Zepinic v Chateau Constructions (Aust) Ltd [2014] NSWCA 27

Zepinic v Chateau Constructions (Aust) Ltd [2014] NSWCA 27

The applicant's amended notice of motion seeking to review McColl JA's order was fundamentally misconceived; even if there was any deficiency in service, the underlying motion by the respondent had already been dismissed and thus no reviewable order or judgment adversely affected the applicant. The application to vacate the hearing date also lacked merit and failed to establish exceptional circumstances.

Jurisdiction
Australia
Judgment Date
18 February 2014
Procedural Posture
Appeal / Application to Vacate Hearing Date and Review of Single Judge's Judgment
Outcome
Application dismissed
Legal Topics
['service of Documents' 'abuse of Process' 'appeal Requirements' 'vacation of Hearing Date']
['civil Procedure' 'appellate Review'] ['service of Documents' 'abuse of Process' 'appeal Requirements' 'vacation of Hearing Date']

Case Brief

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Procedural Posture

Appeal / Application to Vacate Hearing Date and Review of Single Judge's Judgment

Legal Issues

  1. 1 ["Whether there was an 'order' or 'judgment' capable of review under s 46(4) of the Supreme Court Act 1970 (NSW)" 'Whether the applicant had been properly served' 'Whether the application to vacate hearing date should be granted']

Ratio Decidendi

The applicant's amended notice of motion seeking to review McColl JA's order was fundamentally misconceived; even if there was any deficiency in service, the underlying motion by the respondent had already been dismissed and thus no reviewable order or judgment adversely affected the applicant. The application to vacate the hearing date also lacked merit and failed to establish exceptional circumstances.

Court Disposition

Application dismissed

Orders

  • ["Dismiss the applicant's application to vacate the hearing date." 'Dismiss the amended notice of motion filed 6 August 2013, seeking to review the judgment of McColl JA of 1 July 2013.' "Order the applicant to pay the respondent's costs of the motion."]