Tzaneros Investment Pty Ltd v Walker Group Construction Pty Limited; Walker Group Construction Pty Limited v Tzaneros Investment Pty Ltd [2023] NSWCA 122

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tzaneros Investment Pty Ltd v Walker Group Construction Pty Limited; Walker Group Construction Pty Limited v Tzaneros Investment Pty Ltd [2023] NSWCA 122 Hearing dates: 29 May 2023 Date of orders: 29 May 2023 Decision date: 29 May 2023 Before: Brereton JA Decision: By consent: (1) Set aside the orders of the District Court made on 6 March 2023. (2) Remit the matter to the District Court, differently constituted. (3) Costs of the hearing at first instance are reserved to the judge of the District Court hearing the matter afresh. (4) No order as to costs of the proceedings in this Court to the intent that each party bear its own costs. Catchwords: JUDGMENTS AND ORDERS – Judicial review – Consent orders – Setting aside orders of District Court – Where sufficiently reasonable argument primary judge misapprehended the question – Orders set aside – Question of remitter to Court differently constituted – Where finding of credit discernible in primary judgment – Matter remitted to District Court differently constituted Legislation Cited: Legal Profession Act 2004 (NSW), s 363, s 384 Supreme Court Act 1970 (NSW), s 46 Cases Cited: John Lysaght Australia Ltd v Butfield [1995] NSWCA 221 Category: Principal judgment Parties: 2023/112074 Tzaneros Investment Pty Ltd (Applicant) Walker Group Construction Pty Limited (First Respondent) The Manager, Costs Assessment (Second Respondent) District Court of NSW (Third Respondent)