Dimitriou v Huybers (No 2)

[2018] NSWCA 62

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Dismissal for non-compliance with directions
4. › Guillotine orders
5. › Application to review decision of single judge refusing to set aside dismissal
6. › Whether adequate explanation for non-compliance
7. › Whether appeal had realistic prospects of success
8. › Uniform Civil Procedure Rules 2005 (NSW)
1. Practice and Procedure
2. › Application to vacate hearing date
3. › Late tender of additional material not before primary judge
4. › Whether material should be admitted on review of single judge's decision
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Whether usual principles for indemnity costs made out

Quick Take

Where an appeal has been dismissed for non-compliance with directions and a single judge has refused to set aside that dismissal, the burden on a review application to the full Court is significantly heavier than on the original application, requiring demonstration of error in the single judge's decision.