SMITH BROS TRADE AND TRANSPORT TERMINAL PTY LIMITED (formerly SMITH BROS CRANES AND CARTAGE PTY LIMITED) v PACIFIC POWER (formerly ELECTRICITY COMMISSION OF NSW) [1996] NSWCA 481

SMITH BROS TRADE AND TRANSPORT TERMINAL PTY LIMITED (formerly SMITH BROS CRANES AND CARTAGE PTY LIMITED) v PACIFIC POWER (formerly ELECTRICITY COMMISSION OF NSW)

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

SHELLER JA and ABADEE AJA 2 September 1996

[1996] NSWCA 481

Sheller JA. This is an application by notice of motion that the Court grant such leave as may be necessary to the claimant, Smith Bros Trade and Transport Terminal Pty Limited, to appeal to the Court from orders entered in the District Court on | July 1996.

The application is supported by two affidavits by Peter Koronious, one of 15 and the other of 30 August 1996. A notice of appeal was filed on 31 May 1996. The points that seem to arise here flow from the fact that when the trialJudge, his Honour Judge Mahoney QC, delivered his reasons for judgment on 5 February 1996 he found that the plaintiff was entitled to certain monies which were apparently agreed between the parties at $53,743. He then stood the matter over to enable the parties either to agree on the question of costs and interest or to have the matter relisted. The parties did so agree and on 30 April 1996 filed a document setting out their agreement but headed, as it turns out, it seems, unfortunately, 'Consent Order'. That document was signed by his Honour on 1 July 1996 which on the face of it would appear to be the day in which he made orders in accordance with it.

The principle points in this case arise because of the terms of s 101 of the Supreme Court Act and what it has to say about consent orders. I must say that as at present advised I would not regard consent orders there referred to as intended to embrace the events that took place in this case which are everyday and commonplace when Judges ask the assistance of parties in determining what are the appropriate amounts for interest on verdicts and otherwise.