Emag Constructions Pty Limited v Highrise Concrete Contractors (Aust) Pty Limited [2003] NSWSC 988

New South Wales Supreme Court

CITATION : Emag Constructions Pty Limited v Highrise Concrete Contractors (Aust) Pty Limited [2003] NSWSC 988 HEARING DATE(S) : 29/10/03 JUDGMENT DATE : 29 October 2003 JURISDICTION: Equity Division JUDGMENT OF : Einstein J DECISION : Motion dismissed with costs - no slip occurred.

CATCHWORDS : Slip Rule - sought to be invoked to delete sections of Judgment LEGISLATION CITED : Supreme Court Rules 1970 (NSW) Autodesk v Dyason No 2 (1993) 176 CLR 300 CASES CITED : Pittalis v Sherefettin (1986) QB 868 Smith v New South Wales Bar Association (1992) 176 CLR 256 PARTIES : Emag Constructions Pty Limited (Plaintiff) Highrise Concrete Contractors (Aust) Pty Limited (Defendant) FILE NUMBER(S) : SC 3601/03 COUNSEL : Mr G Sirtes (Plaintiff) Mr M Christie (Defendant) SOLICITORS : Gray & Perkins (Plaintiff) Deacons (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Einstein J

Wednesday 29 October 2003 ex tempore Revised 6 November 2003

3601/03 Emag Constructions Pty Limited v Highrise Concrete Contractors Pty Limited JUDGMENT 1 There is before the court a notice of motion filed by the defendant pursuant to Part 20 Rule 10 of the Supreme Court Rules 1970 seeking the following orders:

"1. That pursuant to Part 20 Rule 10 of the Supreme Court Rules 1970 the judgment delivered by his Honour Justice Einstein dated 8 October 2003 be amended in the following way: (a) in paragraph 56 on page 21 at bullet point 2, the date " 12 " June 2003 to read as " 11 " June 2003; (b) in paragraph 56 on page 21 at bullet point 3, the date " 19 " June 2003 to read as " 18 " June 2003;