NSW Caselaw
New South Wales Court of Appeal
CITATION: Rockcote Enterprises Pty Ltd v FS Architects Pty Ltd (No.2); Carelli v FS Architects Pty Ltd (No.2) [2008] NSWCA 205
HEARING DATE(S): Application on papers
JUDGMENT DATE: 28 August 2008
JUDGMENT OF: McColl JA at 1; Campbell JA at 2; Handley AJA at 59
DECISION: Notice of Motion filed 11 April 2008 dismissed with costs, provided that the costs recoverable by Rockcote shall not include costs attributable to its application for a more favourable costs order.
CATCHWORDS: PROCEDURE – Entry of judgment and orders – procedure for entry of judgment and orders under r 36.11 Uniform Civil Procedure Rules 2005 – Variation or setting aside of judgment or order following entry – variation or setting aside of judgment or order made but not entered – general law principles – statutory authority to reopen entered orders – r 36.16(3A) UCPR – time limits - COSTS – proper matters to be taken into account – late provision of defence – whether lateness made difference of substance to proceedings – whether proposing an issue to a court known by party to be wrong may be taken into account – whether Calderbank offer made on basis inclusive of costs capable of resulting in order for indemnity costs
Fair Trading Act 1987 LEGISLATION CITED: Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules
CATEGORY: Consequential orders
Autodesk Inc v Dyason (No 2) [1993] HCA 6; (1993) 176 CLR 300 Bailey v Marinoff [1971] HCA 49; (1971) 125 CLR 529 Deputy Commissioner of Taxation v Meredith (No 2) [2008] NSWCA 133 DJL v Central Authority [2000] HCA 17; (2000) 201 CLR 226 CASES CITED: Elite Protective Personnel Pty Ltd v Salmon [2007] NSWCA 322 Gamser v Nominal Defendant [1977] HCA 7; (1977) 136 CLR 145 Meehan v Glazier Holdings Pty Ltd [2002] NSWCA 22; (2002) 54 NSWLR 146 Metwally v University of Wollongong (No 2) (1985) 59 ALJR 481 Re Suffield (1888) 20 QBD 693 Rockcote Enterprises Pty Ltd v FS Architects Pty Ltd; Carelli v FS Architects Pty Ltd [2008] NSWCA 39
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