Kation Pty Ltd v Lamru Pty Ltd; Lewis v Nortex Pty Ltd (In Liq) (No 5) [2010] NSWCA 294

New South Wales Court of Appeal

CITATION: Kation Pty Ltd v Lamru Pty Ltd; Lewis v Nortex Pty Ltd (In Liq) (No 5) [2010] NSWCA 294

HEARING DATE(S): On the papers

JUDGMENT DATE: 14 December 2010

JUDGMENT OF: Allsop P at 1; Hodgson JA at 1; Basten JA at 1

1. The notice of motion filed on behalf of Lamru Pty Ltd on 7 September 2010 be dismissed with no orders as to costs. DECISION: 2. The notice of motion filed by the liquidator on behalf of Nortex Pty Ltd (In liq), September 2010 be dismissed with no order as to costs. [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.]

CATCHWORDS: PROCEDURE - judgment and orders - application to vary orders - construction of court orders - purpose of order - amendments unnecessary - application to vary orders refused.

Civil Procedure Act 2005 (NSW) ss 56, 56(4), 101(1), 101(2) LEGISLATION CITED: Supreme Court Act 1970 (NSW) s 46 Uniform Civil Procedure Rules 2005 Sch 5, rr 36.7, 36.16, 36.17

CATEGORY: Consequential orders

CASES CITED: Kation Pty Ltd v Lamru Pty Ltd [2009] NSWCA 145 Kation Pty Ltd v Lamru Pty Ltd (No 2) [2009] NSWCA 428

Kation Pty Ltd (Appellant and First Cross-respondent) Peter Lawrence Lewis (Second Appellant and Second Cross-respondent) PARTIES: Lamru Pty Ltd (First Respondent and First Cross-appellant) Russell William Lamb (Second Respondent and Second Cross-appellant) Nortex Pty Ltd (In Liq) (Third Respondent and Third Cross-respondent) Brian Raymond Silvia (Fourth Cross-respondent)