Kuzminski v Accent Blinds Australia Pty Ltd [2020] NSWCA 150

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kuzminski v Accent Blinds Australia Pty Ltd [2020] NSWCA 150 Hearing dates: 26 June 2020 Date of orders: 21 July 2020 Decision date: 21 July 2020 Before: Macfarlan JA at [1]; Leeming JA at [17]; McCallum JA at [18] Decision: (1) Application for leave to appeal dismissed with costs so far as the application relates to the first respondent. (2) Application for leave to appeal dismissed with no order as to costs so far as the application relates to the second respondent. Catchwords: CIVIL PROCEDURE – primary judge's reasons for judgment striking out plaintiff's claim revealed intention to permit plaintiff to re-plead – by apparent oversight leave to re-plead not given in formal orders – plaintiff sought leave to appeal – proper course was instead to approach primary judge for order granting leave – duty of defendant to cooperate to ensure orders reflected judge's intention – s 56(3) Civil Procedure Act 2005 (NSW) referred to Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Ea v Diaconu [2020] NSWCA 127 Leighton Contractors Pty Ltd v Fox (2009) 240 CLR 1; [2009] HCA 35 Stevens v Brodribb Sawmilling Company Proprietary Limited (1986) 160 CLR 16; [1986] HCA 1 Wickstead v Browne (1992) 30 NSWLR 1 Category: Principal judgment Parties: Stanislaw Kuzminski (Applicant) Accent Blinds Australia Pty Ltd (First Respondent) AAH Pty Ltd (Second Respondent) Representation: Counsel: R Sheldon SC / E Welsh (Applicant) D Villa SC / N Bentley (Respondents)