Agresta v Agresta [2010] NSWCA 330

New South Wales Court of Appeal

CITATION: Agresta v Agresta [2010] NSWCA 330

HEARING DATE(S): 25 October 2010

JUDGMENT DATE: 7 December 2010

JUDGMENT OF: McColl JA at 1; Macfarlan JA at 2; Sackville AJA at 45

(1) Appeal allowed in part; (2) Set aside the judgment for $303,551 entered in favour of the respondent; (3) Direct that if the parties are able to agree as to the substituted judgment to be entered in favour of the respondent they lodge with the Court within seven days of the date of this Judgment a signed Consent Order; (4) Direct that if the parties are unable to agree as to the amount of the substituted judgment to be entered in favour of the respondent that: (a) Within seven days of the date of this Judgment the appellants lodge a proposed form of Orders and any Written Submissions in support; DECISION: (b) Within seven days thereafter the respondent lodge her Written Submissions in response; (c) Within seven days thereafter the appellants lodge any Written Submissions in reply; (d) The issues the subject of the Written Submissions be determined by the Court on the papers without the need for any further oral hearing; and (5) Order the appellants to pay three-quarters of the respondent's costs of the appeal; and (6) The respondent to have a certificate under the Suitors' Fund Act 1951, if qualified. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]