Sandrin v W&M Riggs Mechanical Repairs [2006] NSWCA 194

New South Wales Court of Appeal

CITATION: Sandrin v W&M Riggs Mechanical Repairs [2006] NSWCA 194

HEARING DATE(S): 23 June 2006

JUDGMENT DATE: 20 July 2006

JUDGMENT OF: Beazley JA at 1; Santow JA at 2; Tobias JA at 3

DECISION: (a) Leave to appeal granted upon condition that a notice of appeal setting out the grounds of appeal is filed within seven days of the date of these orders; (b) Appeal allowed; (c) Set aside the orders made by Judge Ashford on 21 June 2005; (d) Remit to the District Court the notice of motion filed on 15 July 2004 in proceedings No 3030/04 for determination of that notice of motion upon its merits; (e) The costs of the notice of motion before Judge Ashford to abide the costs of the rehearing; (f) The opponents to pay the claimant's costs of the summons for leave to appeal and the appeal but to have with respect to the latter a certificate under the Suitors' Fund Act 1951, if otherwise qualified

CATCHWORDS: PROCEDURE – miscellaneous procedural matters – orders of the Court – form – construction – effect – whether orders capable of retrospective effect – limitation periods – whether proceedings brought out of time – whether proceedings still on foot

Civil Liability Act 2002 Limitation Act 1969 LEGISLATION CITED: Suitors' Fund Act 1951 Supreme Court Rules Pt 40 r3 Uniform Civil Procedure Rules 2005, Pt 36 r36.4 Workers Compensation Act 1987

Athens v Randwick City Council (2005) 64 NSWLR 58 Jol v State of New South Wales (1998) 45 NSWLR 283 CASES CITED: Mealing v P Chand t/as Fastfix (2003) 57 NSWLR 305 Trpenoski v BHP Flat Products [2003] NSWCA 176 Whisprun Pty Ltd v Sams (2002) NSWCA 394 Wilde v Australian Trade Equipment Co Ltd (1981) 145 CLR 590