Nittis v Strand Bags Group Ltd [2006] NSWLC 47

Local Court of New South Wales

CITATION: Nittis v Strand Bags Group Ltd [2006] NSWLC 47 JURISDICTION: Civil George Nittis PARTIES: Strand Bags Group Ltd Cheryle Anne Aitken FILE NUMBER: 1437/06 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 11/10/2006 MAGISTRATE: Magsitrate B A Lulham CATCHWORDS: Practice - Whether party able to file application for re-hearing of arbitration matter outside the 28 day period - Whether court has power to grant leave. LEGISLATION CITED: Uniform Civil Procedure Rules 20 - r 20.12, r 36.15(1), r 36.11, r 36.4, r 20.11.4, r 36.11.2, r1.12 CASES CITED: Eli v GIO of NSW (1988) NSWLR 303 Majestic v Brough (1986) 5NSWLR 393 Counsel for Plaintiff: Mr Carolan REPRESENTATION: Solicitors for Plaintiff: Sage Solicitors Advocate for Defendant : Mr P.J. Angus – Solicitor Solicitors for Defendant: Turk Solicitors ORDERS: Application granted.

Reasons for Decision 1 On 5 October 2006 a Motion filed on 1 September 2006 by the defendant/applicant came on for hearing. The Motion sought the following orders: (1) In accordance with r20.12 the defendants moved the court for orders that there be a full rehearing of the proceedings. (2) This Motion be heard ex parte. (3) Any further order that the court determines appropriate. 2 The hearing of the Motion was adjourned to 19 October 2006. The applicant was to file a further Motion seeking to have the judgment entered by the court in the matter set aside. 3 On 19 October 2006 the applicant moved on a further Notice of Motion filed 16 October 2006 which sought the following orders: (1) The judgment entered on 29 August 2006 against the defendant be set aside pursuant to r36.15(1) of the Uniform Civil Procedure Rules 2005. (2) The time for filing an application for rehearing of an arbitrated matter be extended until 19 October 2006 pursuant to pt1 r1.12 of the Uniform Civil Procedure Rules 2005. (3) This Motion be considered as the defendants application for a full rehearing of the arbitrated matter. (4) The defendants application for a full rehearing of the arbitrated matter be granted. (5) Any further order that the court deems appropriate. (6) Costs of this Motion be costs in the cause. AFFIDAVIT FOR APPLICANT