NSW Caselaw
(ii) Each party shall bear his or its costs of or incidental to this motion.">
New South Wales Supreme Court
CITATION : Laws v GWS Machinery Pty Ltd & Anor; Laws v GWS Machinery Pty Ltd & Anor (No 4) [2008] NSWSC 453 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 29 April 2008 (plus written submissions concluding 7 May 2008), 8 May 2008
JUDGMENT DATE : 9 May 2008
JURISDICTION : Common Law
JUDGMENT OF : Rothman J
The Court makes the following orders:
A. On the Notice of Motion filed by CGU Insurance Australia Limited of 22 April 2008: (i) Motion be dismissed; DECISION : (ii) The applicant on the Motion pay the Respondents' costs of and incidental to the Motion, as agreed or assessed.
B. In 20084/02, Thomas John Laws (Laws Senior): (i) Vary the judgment of the Court dated 2 November 2007 by deleting from order (iv) thereof the dates "4 June 2006" and "5 June 2006" and insert in lieu thereof the dates "12 May 2006" and "13 May 2006" respectively; (ii) Each party shall bear his or its costs of or incidental to this motion.
CATCHWORDS : PRACTICE - leave to reopen to amend orders to limit liability otherwise ordered - requirement to amend pleadings and adduce evidence - operation of 'slip rule' - leave refused - PRACTICE - amendment of costs order - typographical error by party - consent order - fresh assessment of appropriateness of order - order varied.
Corporations Act 2001 LEGISLATION CITED : Law Reform (Miscellaneous Provisions) Act 1946 Trade Practices Act 1974 (Cth) Uniform Civil Procedure Act 2005
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