O'Donnell v S Abbott; O'Donnell v D A Abbott [2001] NSWCA 184

O'Donnell v S Abbott; O'Donnell v D A Abbott [2001] NSWCA 184

Orders made by Deputy Registrar Haggett on 28 October 1996 remain of effect as final orders until set aside, attracting the rule in Bailey v Marinoff, and Bell J had no jurisdiction to entertain motions to set aside the Master's orders or extend time unless the Deputy Registrar's orders were set aside first.

Parties
Claimant: Kerry Ann O'Donnell; Opponent: Sylvia Abbott; Opponent: Deborah Anne Abbott
Jurisdiction
Australia
Judgment Date
21 June 2001
Procedural Posture
Application for Leave to Appeal and Appeal / Court of Appeal Judgment
Outcome
Applications for leave to appeal granted; appeals upheld; matters remitted to Bell J for determination according to law; opponents to pay claimant's costs of the appeal; opponents to have a certificate under the Suitors' Fund Act; no order as to costs before Bell J.
Legal Topics
Jurisdiction, Self Executing Orders, Powers of Registrar, Finality of Court Orders
Civil Procedure Jurisdiction Self Executing Orders Powers of Registrar Finality of Court Orders

Case Brief

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Parties

Kerry Ann O'Donnell

Claimant

Sylvia Abbott

Opponent

Deborah Anne Abbott

Opponent

Procedural Posture

Application for Leave to Appeal and Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether orders made by Master and entered by Deputy Registrar had effect as final orders
  2. 2 Whether court had jurisdiction to set aside or extend time for compliance with self-executing orders
  3. 3 Whether orders made by a Registrar constitute final orders of the Court until set aside

Ratio Decidendi

Orders made by Deputy Registrar Haggett on 28 October 1996 remain of effect as final orders until set aside, attracting the rule in Bailey v Marinoff, and Bell J had no jurisdiction to entertain motions to set aside the Master's orders or extend time unless the Deputy Registrar's orders were set aside first.

Court Disposition

Applications for leave to appeal granted; appeals upheld; matters remitted to Bell J for determination according to law; opponents to pay claimant's costs of the appeal; opponents to have a certificate under the Suitors' Fund Act; no order as to costs before Bell J.

Orders

  • Applications for leave to appeal granted
  • Appeals upheld