Zepinic v Chateau Constructions (Australia) Ltd [2014] NSWCA 248

Zepinic v Chateau Constructions (Australia) Ltd [2014] NSWCA 248

The appeals and applications for leave to appeal were dismissed as they were filed out of time, were incompetent because they were from interlocutory orders without leave, and there was non-attendance by the applicants after proper notice. Costs to be assessed in a gross sum, with directions for the applicants to respond before final determination.

Jurisdiction
Australia
Judgment Date
01 July 2014
Procedural Posture
Interlocutory Applications and Appeals / Application for Leave to Appeal; Summary Dismissal Motions
Outcome
Appeals and applications for leave to appeal dismissed. Applicants to pay costs assessed in a gross sum, subject to directions for submissions.
Legal Topics
['interlocutory Applications' 'appeals' 'out of Time Appeals' 'summary Dismissal' 'costs Assessment' 'non Compliance With Procedural Rules']
['civil Procedure'] ['interlocutory Applications' 'appeals' 'out of Time Appeals' 'summary Dismissal' 'costs Assessment' 'non Compliance With Procedural Rules']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Applications and Appeals / Application for Leave to Appeal; Summary Dismissal Motions

Legal Issues

  1. 1 ['Whether the notices of appeal and summonses for leave to appeal should be dismissed for incompetence and for being filed out of time' 'Consequences of non-compliance with Uniform Civil Procedure Rules 2005 (NSW) regarding address for service' 'Whether to order costs and determine assessment method']

Ratio Decidendi

The appeals and applications for leave to appeal were dismissed as they were filed out of time, were incompetent because they were from interlocutory orders without leave, and there was non-attendance by the applicants after proper notice. Costs to be assessed in a gross sum, with directions for the applicants to respond before final determination.

Court Disposition

Appeals and applications for leave to appeal dismissed. Applicants to pay costs assessed in a gross sum, subject to directions for submissions.

Orders

  • ['Notice of Appeal filed 13 November 2013 is dismissed.' "Appellants to pay the Respondent's costs of the appeal, including the costs of the Respondent's Notice of Motion filed 24 December 2013, to be assessed in a gross sum on the papers." 'Notice of Appeal filed 13 February 2014 is dismissed.' "Appellant to pay...